Butler Giraudo & Meister
Peoria 309-407-3332
Morton 309-263-1204

Woman asks for alimony to keep up with fertility treatments

This week, we will discuss one more installment on the topic of advanced fertility options and family courts. As we have said in the previous posts on men who are choosing to become fathers through surrogacy, a state court grappling with child support in sperm donation cases, and custody issues surrounding children conceived through in vitro fertilization, there are many new issues related to fertility advancements and family law coming to head.

Another related issue that was recently explored in an article from the New York Times has to do with whether fertility treatments can be considered part of the "marital lifestyle" and, therefore, part of a divorce settlement. The concept might not seem to make sense at first blush, but let us explain.

As part of the settlement in a Connecticut divorce case, a 38-year-old woman is asking for $20,000 from her soon-to-be ex-husband in order to keep up with fertility treatments. Specifically, the woman is seeking the funds to pay for the costs associated with having her eggs frozen.

The woman and her divorce lawyer are arguing that since the couple had been pursuing fertility treatments during the marriage, the treatments should be considered part of the marital lifestyle, which should still be supported after the marriage ends. The woman states that the divorce does not change her desire to become a mother -- even though she now plans on conceiving with donated sperm instead of her husband's.

This appears to be one of the first cases to address fertility treatments as a part of an alimony award, though some legal experts say that the concept makes sense.

According to an expert from Syracuse University, putting off having a baby -- and therefore having a need to be compensated for fertility treatments -- could potentially be considered the same as needing to be compensated for putting off school or a job in order to raise a family, which is commonly recognized in divorce cases.

Although the Connecticut divorce is expected to settle out of court, it is possible that case law on this issue could soon begin to evolve. Once again, this is an issue that family law courts throughout Illinois and the rest of the country will have to address sooner or later as advanced fertility options become even more commonplace.

Source: The New York Times, "Alimony for Your Eggs," Sarah Elizabeth Richards, Sept. 6, 2013

No Comments

Leave a comment
Comment Information
  • I cannot even express in words the level of gratitude that I feel. ‘Thank you’ doesn't seem to be enough. Please know that your services and compassion will never be forgotten! I am forever grateful!

  • Thank you so much for your hard work and expertise. I feel as a father in the state of Illinois that what I am trying to achieve is nearly impossible. I am so glad I chose to have your office full of extremely intelligent women represent me.

  • We would like to say thank you for your expertise, education, and kindness when we met with you! Your confidence has helped to comfort us and give us hope that resolution of the issue is possible.

  • I just wanted to say thank you from the bottom of my heart for all your time, energy, and efforts you put into our case. Thank you for helping make our son's quality of life better. I cannot tell you how happy we are!

More Testimonials
Contact Us Today

Contact Our Lawyers About All Areas Of Family Law

We are driven and committed to a successful outcome for all of our clients. To arrange a consultation with attorney Susan Butler, Kelly Giraudo or Tamara Meister, call 309-263-1204 (Morton) or 309-407-3332 (Peoria). You can also contact our law firm by filling out the form below. With offices in both Peoria and Morton, we work hard for our clients while getting to know them as people.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Morton Office
100 S. Main Street
Morton, IL 61550

Toll Free: 888-314-9667
Phone: 309-263-1204
Morton Law Office Map

Peoria Office
416 Main Street
Commerce Bank Building
Suite 927
Peoria, IL 61602

Toll Free: 888-314-9667
Phone: 309-407-3332
Peoria Law Office Map

Morton Office Peoria Office