Divorcing in Illinois When You Have a Disabled Adult Child

 Posted on May 08, 2025 in Children of Divorce

Everyone knows that child custody is a standard part of divorce for couples with small children. However, what happens when you have a disabled adult child with a disability who relies on you both for financial support and care in Illinois? If either of you or both of you have established guardianship, you likely have questions about what will happen to that guardianship when you divorce. If you have not yet established guardianship, now may be the time to consider it, and a DuPage County, IL guardianship attorney can help.

What Goes Into Caring for an Adult Child After an Illinois Divorce?

The first consideration for a disabled adult whose parents are divorcing is to develop a care plan. No one knows your child better than you, and you can best decide how to meet their needs when your daily lives are changing. Some elements to consider when creating a care plan include:

• Visitation: It is common for disabled adults to move into a residential facility where they can receive around-the-clock care. If you are going through a difficult divorce, you may need to work out a visitation schedule to minimize conflict.

• A nesting strategy: If your child lives with you, and the home is designed in a way to assist with a physical disability, moving them is often not the most reasonable option. Instead, your child may continue to live there while you and your spouse alternate who lives with them.

• Spousal support: If you gave up career opportunities to stay home and support a disabled child, you may be entitled to spousal support that will allow you to continue the care you have been providing.

Becoming or remaining co-guardians is an option. You would need to agree on important decisions, such as what treatments your child would have and where they would live. If you struggle to collaborate, you can have the court establish rights and responsibilities on your behalf. 

Is Child Support a Possibility for an Adult Child in Illinois?

In general, a parent can be ordered to pay child support for a disabled adult child. This can occur when one parent is the primary caregiver of the child. Typically, you will have to request child support, and an experienced attorney can walk you through the process, ensuring you understand the requirements.

Could Someone Else Become the Guardian of Your Adult Child?

Parents are not the only people who can be the guardians of a disabled adult. If the situation calls for it, another family member or even an agency can petition for legal guardianship. According to Illinois law, anyone 18 years or older can become a guardian as long as they have not been convicted of a serious crime, are a U.S. citizen, and are of sound mind. 

Contact Our Lombard, IL Guardianship Attorneys For a Consultation Today

At A. Traub & Associates, we focus on tailoring solutions to our clients, and we understand that guardianship cases are especially important. Developing a plan that offers your disabled adult child the most support and comfort is the priority. Call 630-426-0196 to speak with one of our experienced Wheaton, IL divorce lawyers today about what we can do to make a complex process a little easier for you.