Illinois First Responders Face Additional Challenges When Getting Divorced

 Posted on October 25, 2024 in Family Law Blog

Illinois firefighters, police officers, and emergency medical caregivers are real-life superheroes who handle more than their fair share of challenges at work. Unfortunately, the unpredictable and demanding work schedule of these jobs also means that first responders often face additional challenges in their relationships. Emergency response employees have higher rates of divorce and, when they get divorced, they must deal with unique concerns as a result of their job. If you are a first responder and you are wondering if divorce is the right path forward for you, call our team of Illinois divorce attorneys who understand the unique issues you face and who are ready to help.

Why Are First Responders at Greater Risk of Divorce?

First responders are at higher risk of marital challenges because they work long hours, frequently face dangerous situations, observe traumatizing events, and often struggle with substance abuse and mental illness. In addition to the typical challenges a married couple deals with, these issues can be very difficult for the first responder and his or her spouse to manage.

What are Unique Divorce Issues First Responders Face?

Divorces involving first responders face several complications that must be anticipated and carefully planned around. These include, but are not limited to:

• Scheduling challenges - Creating a parenting time schedule can be difficult when one spouse is on-call and may need to unexpectedly go to work. This can make it hard to plan weekend, summer, and holiday visitation schedules, and once a plan is in place, it can be hard to stick to. A flexible right of first refusal clause may help parents make their schedules compatible by allowing them to rely on each other for backup childcare.

• Income inconsistency - Because first responders are often on-call and their income can vary from month to month, it can be difficult to negotiate child support and spousal maintenance payments that feel fair to both parties.

• Pensions and retirement - Spouses who have been married long enough are entitled to a portion of their partner’s government pension, even if the spouse who is earning the pension will not begin receiving payments until long after divorce.

• Fear of the system - If the first responder has friends who are police officers, his or her spouse may be hesitant to take actions such as bringing up domestic abuse because of the fear that the spouse’s friends may be threatening.

Having an attorney who has worked with first responders in Illinois and understands the unpredictable demands of your or your spouse’s job can give you an advantage in your divorce. Here are some additional challenges an attorney can help first responders think about and potential solutions: 

Mental Health For First Responders During Divorce

First responders are often exposed to traumatic events, which can take a toll on their mental health. When divorce enters the picture, these stressors may intensify, making it harder to cope with both personal and professional challenges. Divorce can exacerbate conditions like PTSD, anxiety, and depression, especially when first responders already struggle with emotional withdrawal or communication breakdowns in their marriage.

First responders going through a divorce should consider seeking counseling services tailored to their profession, such as therapy specifically designed to address trauma. Many communities offer support groups for first responders, which can provide a comfortable, understanding place to discuss both job-related and personal stress. Taking care of your emotional well-being during divorce can be as crucial as handling the legal aspects.

Impact of Irregular Schedules on Divorce Proceedings

The unpredictable and demanding schedules of first responders can complicate divorce proceedings, particularly when very young children are involved. Parenting plans are a key part of any divorce involving children, but for first responders, traditional plans may not work due to irregular shifts, on-call duties, and the potential for overtime. To manage these challenges, first responders should work with their attorneys and spouses to explore flexible custody arrangements that adapt to changing schedules. Possible solutions include:

• Using a "right of first refusal" clause: This gives the other parent the opportunity to care for the children if the first responder is called into work unexpectedly.
• Creating a rotating custody schedule: This can account for shift changes and provide flexibility for both parents.
• Utilizing co-parenting apps: These apps can help manage scheduling and ensure smooth communication between parents, even when one parent is working irregular hours.

Financial Planning and Asset Division for Divorcing First Responders 

One of the trickiest aspects of divorce for first responders is dealing with fluctuating income. Unlike professions with stable, predictable salaries, first responders may earn overtime pay or bonuses, leading to significant variations in monthly income. These fluctuations can make it harder to negotiate child support and spousal maintenance.

First responders should work closely with their attorneys to provide a clear picture of their annual income, including overtime, holiday pay, and bonuses. Next, it is important to document these additional sources of income so that support payments can be calculated fairly and accurately, ensuring that the financial needs of both spouses and children are met. In some cases, income may even include pay from second jobs, which are common among first responders.

Retirement Benefits and Division of Assets for First Responders with Public Pensions

Retirement and pension plans are among the most complicated aspects of divorce for first responders. In Illinois, first responders such as police officers, firefighters, and paramedics often have specific pension benefits that differ from private-sector retirement plans. Courts typically use a Qualified Domestic Relations Order (QDRO) to divide a pension or retirement account, allowing a former spouse to receive a portion of these benefits. However, first responders need to understand how much of their pension is considered marital property and how it will be distributed.

For example, if a couple was married for 20 years but a first responder worked for 30 years, the pension would only be divided based on the 20 years during which the couple was married. Working with a divorce attorney familiar with pension division for first responders is essential to ensure this process is handled fairly for both spouses.

Health Insurance and Benefits

In addition to pensions, many first responders have access to comprehensive health insurance and benefits through their employers. Divorce can create uncertainty about continued insurance coverage, particularly if one spouse relies on the first responder’s health insurance plan. In most cases, after divorce, the civilian spouse will lose coverage under the first responder’s health plan, although children will remain covered.

It is important to plan for this change and explore options such as COBRA, which allows a spouse to temporarily continue receiving health coverage after divorce. Additionally, first responders should look into how other job-related benefits, like life insurance or disability coverage, will be affected by the divorce settlement.

First Responder Disability Benefits and Divorce

First responders face higher risks of injury due to the nature of their work. If a first responder receives disability benefits as part of their compensation, it is important to know how those benefits will be handled during the divorce. Unlike pensions, disability benefits may not always be treated as marital property, depending on how they are categorized in the divorce.

For instance, if disability benefits are intended to replace future earnings, they may not be subject to division in the same way a pension is. However, disability payments that replace lost income during the marriage may be considered for division. Consulting with an attorney who understands the nuances of these benefits is crucial to ensure they are properly handled in the settlement.

Meet with a DuPage County First Responder Divorce Attorney

At A. Traub & Associates, we understand the unique challenges that first responders and their spouses face when getting divorced. While we cannot promise that your divorce will be easy, our Lombard, IL first responder divorce attorneys can help you manage the legal and logistical issues so you can focus on your kids, your job, and getting back to normal life. Call us today at 630-426-0196 to schedule an initial consultation.