Divorces Involving Physicians

 Posted on January 29, 2018 in Illinois Family Law

When physicians and other healthcare professionals who own medical practices decide to file for divorce, it is important to work with a DuPage County divorce lawyer who has experience handling similar cases. In some ways, divorces involving physicians are no different than divorces involving individuals within other professions. At the same time, however, divorces involving physicians also frequently involve complicated property distribution processes and property settlements — especially when the physician owns his or her practice — as well as potentially complicated plans involving the allocation of parental responsibilities.

Property Division for Physicians

One complicating feature of divorces involving physicians is determining how to distribute a medical practice in which one or both of the parties is an owner. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) governs property distribution. In Illinois, property is divided under a theory of equitable distribution, meaning that the property is distributed in a manner that is fair to both parties.

In order for one spouse who owns a medical practice to keep the practice and to continue working within it, that spouse may need to negotiate a property settlement with the other spouse. In situations where both spouses are physicians and co-own a medical practice, the situation can get more complicated. It may be necessary to sell the medical practice if the spouses cannot reach an agreement, but a DuPage County divorce lawyer can help to determine a fair outcome.

Long Hours, Nontraditional Work Schedules, and Parental Responsibilities

Many physicians work very long hours and many have nontraditional work schedules. For instance, emergency room physicians might have long shifts that keep them at the hospital overnight and for numerous hours at a time. At the same time, even if physicians are not working long shifts, they often have nontraditional work schedules that require them to be with patients during typical “off hours” in other professions. A study published in the journal BMJ sought to determine whether these long hours make it more likely for physicians to get divorced. While many physicians themselves believe their profession has higher divorce rates, the study suggests that a physician’s work hours can make it more likely for marital problems in certain circumstances, that is not always the case.

But what about when it comes to the allocation of parental responsibilities? Parents who have nontraditional work schedules often find it easiest to come to an agreement about the allocation of parental responsibilities and to work together to develop a parenting plan — which outlines decision-making responsibilities and parenting time — to ensure that they have a parenting time schedule that works for everyone. Even when parents cannot come to an agreement, however, the court can allocate parental responsibilities in a way that takes into account the long hours and nontraditional work schedule of one or both parents who are physicians. In these situations, parenting time is likely to look a lot different than parenting time in families where parents have more traditional 9-to-5 work schedules.

Seek Advice from a DuPage County Divorce Lawyer

At Farooqi & Husain Law Office, we regularly assist physicians who are also members of the Muslim community in DuPage County through complicated divorce proceedings and other family law matters. One of our passionate DuPage County divorce lawyers can speak with you today about your case. Contact us today for more information.

Source:

http://www.bmj.com/content/350/bmj.h706