Impossibility in an Illinois Divorce

April 14th, 2025 by Tiffany Hughes

Divorce proceedings are rarely straightforward, often fraught with emotional turmoil and complex legal intricacies. In the State of Illinois, divorce laws seek to provide a framework for fair resolution, but even within this framework, situations may arise that seem insurmountable or impossible to resolve. Understanding the impossibility doctrine within Illinois divorce law can provide clarity in navigating such challenging circumstances.

What is Impossibility in Divorce?

Impossibility, within the context of divorce, refers to situations where certain legal requirements or expectations cannot be met due to unforeseen or exceptional circumstances. For divorces in Illinois, the notion of impossibility can arise in various aspects of divorce proceedings, including property division, child custody, and spousal support.

“The doctrine of legal impossibility, or impossible performance, excuses performance of a contract only when performance is rendered objectively impossible either because the subject matter is destroyed or by operation of law.” Innovative Modular Solutions v. Hazel Crest School Dist. 152.5, 2012 IL 112052 

Property Division in Divorce

Illinois follows the principle of equitable distribution when dividing marital property during a divorce in Illinois. However, there are instances where equal property division in divorce may be impossible or unjust. For example, if one spouse owns a business that cannot be feasibly divided or sold without significant financial loss, the court may need to devise alternative solutions to achieve fairness. In such cases, the court may consider factors such as the contribution of each spouse to the business, future earning potential, and the needs of any dependent children.

Child Custody

When determining child custody arrangements, Illinois courts prioritize the best interests of the child. However, certain circumstances, such as a parent’s relocation for employment or health reasons, may present challenges that seem insurmountable. In such cases, the court will carefully evaluate the circumstances and seek solutions that prioritize the child’s well-being while taking into account the practical limitations faced by the parents when deciding child custody.

Spousal Support or Alimony 

Spousal support, also known as maintenance or alimony, may be awarded in divorces in Illinois to ensure that both spouses can maintain a reasonable standard of living post-divorce. However, situations may arise where fulfilling spousal support obligations becomes impossible due to unforeseen financial hardships or changes in circumstances. In such cases, either spouse may petition the court for a modification of spousal support based on the impossibility doctrine. For spousal support, the party seeking modification of spousal support must provide legal support for impossibility by showing a change of financial circumstances and that the circumstances of their finances were unforeseeable and outside their control in order to claim impossibility:

“The party advancing the doctrine must show that the events or circumstances which he claims rendered his performance impossible were not reasonably foreseeable at the time of contracting.” YPI 180 N. LaSalle Owner, 403 Ill. App. 3d at 6- 7 (citations omitted)

Legal Support for Impossibility 

Illinois divorce law recognizes the impossibility doctrine and provides mechanisms for addressing exceptional circumstances. Courts have the discretion to deviate from standard guidelines and craft tailored solutions that uphold the principles of fairness and equity.

In the face of impossibility, divorce law in Illinois offers flexibility and discretion to ensure that justice is served and the interests of all parties, especially the best interests of the children, are prioritized. While divorce may be an inherently difficult process, the law aims to provide a pathway toward resolution and eventual healing for those involved.

Divorce in Illinois, like those in any jurisdiction, can be complex and emotionally challenging proceedings. However, understanding the impossibility doctrine within the legal framework can provide clarity and guidance in navigating even the most difficult circumstances. By working with experienced legal professionals and advocating for equitable solutions, individuals facing divorce can strive to achieve resolutions that meet their unique needs and circumstances.

Need More Information or Representation?

If you are filing for a divorce, are needing more information regarding impossibility in divorce, or have suffered a change of your financial circumstances since the entry of your Marital Settlement Agreement, give The Law Office of Tiffany M. Hughes, P.C. a call today at 773-893-0228 for a confidential, complimentary 30-minute phone consultation or email Tiffany Hughes directly at Tiffanyhughes@thugheslaw.com. Our entire practice is solely dedicated to the area of family law. We are highly experienced in providing legal representation to anyone who is filing for a divorce in Illinois, would like to learn more about the impossibility doctrine and the legal support for impossibility, are seeking a modification of spousal support or child support, experienced a change of financial circumstances, or need assistance negotiating child custody, spousal support, alimony, or property division in divorce,.

      About Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes, P.C.:

Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a complimentary phone consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.