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How Long Does Spousal Support Last After an Illinois Divorce?
One of the many considerations that commonly arise during divorce is the issue of spousal support, which is also known as alimony or spousal maintenance. In years past, spousal support was more common than it is now, simply because our culture and society were different. In many cases, it was not uncommon for women, in particular, to stay home to raise children and take care of the household while the man worked outside of the home to financially support the family.
While this may have worked during the marriage, it tended to create financial dependence, causing issues if the couple ended up getting divorced. Rather than leaving the woman to fend for herself, spousal maintenance was created, requiring the working spouse to contribute a portion of his or her income to help support their former spouse until they can get back on their feet. In today's world, spousal support is less common than it used to be, but it is still an issue that can arise, and it can lead to contentious disputes between divorcing spouses.
How Can a Collaborative Divorce Be Beneficial For My Family?
When exploring your options for splitting up with your spouse, the idea of a traditional litigated divorce can be daunting to some people. In truth, there are actually very few divorces that make it to an actual trial. Most divorces in today's world have some degree of cooperation throughout the process. When a couple cannot agree, however, litigation can be one of your only options -- aside from collaborative divorce. Both types of divorces can offer different benefits to different families, which is why you should discuss your situation with an Illinois divorce attorney before making any decisions.
Defining Collaborative Divorce
Many people have never heard of a collaborative divorce, or they may have heard about it, but do not actually know what it is. A collaborative divorce is an alternative to traditional divorce litigation that allows a couple to complete their divorce without having to go to court. In many cases, collaborative divorces are used during contested divorce cases that would otherwise result in a legal battle. Instead of spending multiple sessions in a courtroom just to have a judge decide your fate, a collaborative divorce takes place during meetings between you, your spouse, and both of your attorneys. Collaborative divorces may also involve various professionals from different fields who can provide guidance and advice on specific issues throughout the process.
How Are Children's Medical Expenses Handled in Illinois Divorce Cases?
Prior to filing for divorce, you may not have given much thought to maintaining health insurance coverage for your children and covering these costs. Health insurance is a somewhat controversial topic in the United States that also has the potential to lead to disputes during a divorce. One of the important elements in your parenting plan for your children will be the terms addressing your child's medical information. You and your spouse must come to an agreement on several issues pertaining to your child's healthcare, including how decisions will be made. One of the most important elements involves how you and your spouse will split the costs of your child's medical care.
Maintaining Health Insurance for Your Child
The Illinois Marriage and Dissolution of Marriage Act (IMDMA) provides the formula that is used to calculate the basic child support obligation that both parents are responsible for. This formula takes into account various factors, such as the parents' income and parenting time. The IMDMA states that the basic child support obligation is meant to be used toward a portion of your child's out-of-pocket medical expenses. However, the court has the discretion to order either or both parents to initiate health insurance coverage for your child. If neither parent has health insurance coverage, or if their child is not eligible for coverage, the court may require the parents to seek state-sponsored health insurance for the child.
What Factors Make a Parent “Unfit” in an Illinois Child Custody Case?
In Illinois, child custody is now referred to as the allocation of parental responsibilities. Regardless if a married couple with children was married and decided to divorce or they never tied the knot, they must determine who is going to care for their kids in the future. Typically, Illinois courts favor both parents staying involved in their child's life after a divorce or a breakup if they were unmarried. However, there are situations where one parent may be abusive or neglects to properly care for his or her children. In these cases, a parent may be deemed unfit by a judge and his or her custody terminated involuntarily.
Terminating Parental Rights
Unless there is convincing evidence, rarely will an Illinois court terminate a parent's rights completely. The court needs actual proof that the other parent's actions (or inactions) are negatively affecting the kids. Proof of unfitness may include photographs or videos showing abuse, medical records illustrating injuries due to an unsafe environment, police reports, and electronic communication such as text or email messages and social media posts. Even if a parent is deemed unfit, he or she is usually given certain parental rights, albeit very limited.
A Closer Look at Dividing Marital Debt in an Illinois Divorce
When a couple is married, they often share many things, including property and assets. However, if their union sours and they decide to divorce, they will have to decide how to divide all of these items. Marital property consists of anything that is acquired during the marriage. Nonmarital property is anything that one spouse obtained prior to the marriage. According to Illinois law, any debt that spouses accumulated together falls under marital debt, so it is, therefore, subject to division. Determining who is required to pay off certain debts can be challenging to say the least.
Equitable Distribution of Marital Assets and Debts
Since Illinois is an equitable distribution state, debt is divided “fairly” rather than equally. This method can apply to different types of debt, from cars to home improvements to educational loans. In addition, if a couple owns and runs a company together, that family business must be valued to determine how to divide its assets. If one spouse owned a business before the marriage, but the other spouse helped manage its day-to-day operations, then he or she may be entitled to a portion of its value or worth.
What Are the Benefits of a Postnuptial Agreement in Illinois?
When two people enter into marriage, they may not consider what would happen if the relationship sours. However, a prenuptial agreement that is signed before the wedding can outline how certain issues are addressed and assets are divided in the event of a divorce. A postnuptial agreement is a legal document that is drafted after a couple gets married or enters into a civil union. Similar to a prenup, the provisions in a postnup commonly account for the division of property and spousal support in a divorce, or the death of a spouse. In many ways, a postnuptial agreement provides a sense of security and trust by clarifying how certain issues will be handled in the future if the two spouses go their separate ways. It can also save time and money since the parties do not have to go to court to hash out the details of their case.
Tips for Going Through a Contentious Divorce in Illinois
Coming to the decision to divorce can take months and even years before you decide to take the necessary legal steps to end your marriage. Perhaps you and your spouse slowly grew apart or you have been unhappy for a long time. Regardless of the details of your union, getting divorced can be a very challenging process, even if both of you were willing to compromise. If you and your spouse have a great deal of conflict, this only exacerbates the legal proceedings. If children are involved, emotions can run even higher, so managing this situation requires strategy. An experienced divorce attorney can help protect your rights every step of the way.
Managing the Stress of it All
Under Illinois divorce law, a couple can reach their own agreement regarding property division, spousal support, and parental responsibilities. However, if they disagree on any issues, they will have to go to court and a judge will make determinations based on several factors, such as what is in the best interest of any children.
Who Gets to Keep the Family Pet in an Illinois Divorce?
Pets are often considered special members of any family. For those couples who do not have children, their dog or cat can seem like a child. According to the 2019-2020 National Pet Owners Survey conducted by the American Pet Products Association (APPA), 67 percent of American households, or approximately 85 million families, own a pet. There are many different types of pets one can have, and some of the most common include dog, cat, rabbit, turtle, hamster, guinea pig, lizard, bird, or snake. When a couple decides to part ways and gets a divorce, a common question is what happens to the family pet or pets? Understanding how asset and property division, as well as child custody work in Illinois, can help determine where a pet will reside post-divorce.
How Are Commingled Assets Handled in an Illinois Divorce?
Often found in the business world, commingled assets refer to mixing personal funds with business funds or using business assets for personal reasons. Commingling of funds or assets can also occur between two spouses, making it difficult to determine which funds and/or assets belong to whom in a divorce. For example, it can be hard to distinguish when one spouse's separate property is mixed with the other spouse's marital property. However, this is crucial to ensure that each party receives his or her fair share of the marital estate.
Equitable Distribution
Under Illinois law, marital property is divided using the equitable distribution method, which means items or assets are not necessarily split in half, but rather in a fair way. Marital property is generally considered property that was acquired during the course of the marriage. Non-marital or separate property is that which one spouse owned prior to getting married or acquired during the marriage through gift or inheritance. Separate property is not subject to division in the divorce settlement.
Tips for Managing Your Health During Your Illinois Divorce
The decision to divorce can be a long and winding road, often taking a couple many years to come to terms that their relationship is not working. Part of the anxiety of divorcing involves the fear of the unknown. The transition from being married to being single may seem daunting and overwhelming. If you have children, that can further complicate matters, and you may worry about the toll the divorce will take on them. You likely have a million thoughts running through your head and a long to-do list as you start the next chapter of your life. Disregarding your physical and emotional health during this tumultuous time can be easy to do. However, make it a priority as you navigate this new future for you and your children.
Focusing on the Future
A divorce has been compared to a death in the sense that it is a great loss that results in feelings of grief and sadness. This may cause you to be depressed and engage in harmful coping behaviors such as drinking, drugs, or compulsive shopping. You may overeat or not eat at all, sleep too much, or have insomnia because you are so distraught. The stress of divorce combined with lifestyle changes can put you at risk of serious health complications. Studies have shown that divorced people are approximately 20 percent more likely to suffer from life-threatening illnesses such as heart disease, stroke, or even cancer. That is why it is especially important to be mindful of what you put into your body, even if it may seem like a “quick fix” or provide instant relief.
Introducing The Law Office of Nicholas W. Richardson
Nicholas W. Richardson is an experienced divorce lawyer and mediator whose comprehensive legal knowledge, commitment to clients and reputation for results bring lasting solutions to your problems.
The Law Office of Nicholas W. Richardson, P.C. serves clients in Illinois cities such as Palatine, Schaumburg, Inverness, Arlington Heights, Rolling Meadows, Glenview, Hoffman Estates, Bartlett, Des Plaines, Elk Grove Village, Mt. Prospect, Niles, Prospect Heights, Skokie, Streamwood, Barrington, Buffalo Grove, Wheeling, and others throughout Cook County, DuPage County, McHenry County, and Kane County.
Results listed are not a guarantee or indication of future case results.
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847.873.6741
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