Posted on May 13, 2021 in Finances and Divorce

When you are older and you get a divorce, there are many financial uncertainties that you must face. Getting divorced when you are close to retirement or in retirement can be scary. How will your retirement accounts be handled? Will you still be able to retire at the age you are planning on retiring? These are questions that run through the minds of divorcing spouses at any age, but they are especially concerning for older divorcees. Thankfully, the Social Security Administration (SSA) provides ways that you can claim retirement benefits through of your ex-spouse’s retirement benefits, without lowering the amount your spouse receives.

Qualifying for Social Security Benefits

If you are divorced, you may be able to claim benefits from your spouse’s work record, even if you did not work yourself. However, there are certain requirements that you must meet before you are eligible to receive benefits. You may be able to claim these Social Security benefits if:

Continue Reading ››

 Posted on May 06, 2021 in Divorce

An engagement ring is an important part of getting married for many people. Engagement rings have a long history, dating all the way back to ancient Roman times when they were made out of things like ivory or iron. Diamond engagement rings did not become popular until the late 1940s when De Beers, a British jeweler, launched one of the most successful ad campaigns in history. The world became convinced that indeed, “Diamonds are forever,” making diamond engagement rings the “standard.” Now, the average American spends around $7,750 on an engagement ring, making it a valuable piece of marital property. One of the questions that many divorcing couples have during the property division process is about the engagement ring. Who gets to keep it?

Property Division Laws

Illinois makes a distinction between marital and nonmarital property during divorce. Illinois law states that any and all marital property is subject to division. Marital property includes any property that either spouse acquired during the marriage or any debt that either of them might have taken on. Nonmarital property is anything that either spouse acquired prior to the marriage. However, there are exceptions to that rule. Property that was acquired through inheritance, property acquired in exchange for that property, property acquired as a gift, and property that is excluded by a valid prenuptial or postnuptial agreement is not part of the marital estate.

Continue Reading ››

 Posted on April 23, 2021 in Family Law

Marriage is a dream for many people, but for others, it is something that is not necessary. While some people need a ceremony to show their love in front of friends and relatives, others prefer to simply live together and act as a married couple without undergoing the legal process. When a couple wishes to live together but not get married, it is sometimes known as a common-law marriage. While it does work for many couples, any couple that enters into this type of relationship must understand what their rights are, and how to protect them.

What is a Common Law Marriage?

Not every couple that lives together is considered to be in a common-law marriage. In most cases, people that want to be considered common law must:

• Cohabitate for a certain period of time

• Have a legal right to marry

• Have the intention of marrying at some point in the future

  Continue Reading ››

 Posted on April 20, 2021 in Alimony/Spousal Support

Alimony, formally known as spousal maintenance in Illinois, is sometimes ordered by a judge when two people get divorced. Spousal maintenance refers to payments one spouse will make to another, and it can be one of the most contentious issues in divorce cases. However, it is also one of the most misunderstood. If you are going through a divorce and want to seek spousal maintenance, or defend against claims for it, it is important to understand the truth behind some of the myths surrounding it.

Myth: Spousal Maintenance is Permanent

Spousal maintenance is meant to help one party get back on their feet after a divorce, and as such, it is usually ordered for a fixed time period rather than indefinitely. Maintenance can also end when the recipient remarries or starts living with a new partner, or after a petition for modification once the recipient is able to support themself. In some cases, spousal maintenance may be awarded only temporarily during the divorce proceedings, and payments will stop once the case is final.

Continue Reading ››

 Posted on April 15, 2021 in Post-Judgment Modification & Enforcement

The divorce process is often a long and difficult one for the people going through it. It is no wonder, then, that once it is over, the parties involved feel relieved knowing their divorce decree is final. However, while the orders included in a divorce decree are legally binding, that does not mean they cannot be changed in the future. 

The courts do not take post-decree modifications lightly, but it is possible to obtain one when a person’s situation changes significantly. If you have gotten a divorce and now wish to modify one or more of the orders, below are some of the most important things you should know about these modifications.

Three Terms that Require Modification

In most cases, there are three issues that may require post-divorce modifications. These are:

Continue Reading ››

 Posted on April 13, 2021 in Child Custody

Summer is quickly approaching, and while this summer may be a little different with the pandemic still ongoing, it is sure to be more hopeful than the last. This may mean that parents make plans that include their children, whether that is going on a trip or even just keeping their child for an entire week instead of just for two days on the weekend.

Summer schedules are typically very different than they are when school is in session, and that is not usually a problem when the two parents are married. After a divorce, on the other hand, this can become a much bigger issue. If you have gotten a divorce and are trying to determine what your summer will look like, below are some tips that can help.

Summer Co-Parenting Tips

Co-parenting with your former spouse during the summer may seem like a challenge, but following these tips can help make it easier. This summer, make sure to:

Continue Reading ››

 Posted on April 08, 2021 in Divorce

Divorce is always an incredibly emotional process, but many people do not understand the legalities that go along with it. With so many important details to attend to, it is easy to make mistakes that can result in forfeiting your rights or making the divorce more expensive than it needs to be. If you are about to go through a divorce, it is important to avoid these common mistakes so you can protect your best interests while completing the process as quickly as possible.

Arguing Unnecessarily

It is not uncommon for couples to argue when they are going through a divorce. While an argument may arise between you and your spouse during the process, it is important to remember you should only engage in these disputes when necessary. Even then, you should only do so through your divorce attorney and not directly with your spouse.

Continue Reading ››

 Posted on April 06, 2021 in Mediation

If you are going through a divorce, you may fear a long and bitter courtroom battle. Fortunately, this is not necessary for all divorce cases, and some couples find that choosing mediation is a much better option. During the mediation process, each spouse will meet with a mediator that is a neutral third party. The role of the mediator is strictly to foster compromise and communication to help the couple reach an agreement on their own without the need for a divorce trial.

Mediation holds many benefits, including the fact that it can be less costly and take less time than a divorce trial. Spouses may also be more likely to comply with the agreement because they had a hand in creating it. Still, if you are considering mediation, it is important to know how to properly prepare so you get the most out of it.

Identify Your Goals

Continue Reading ››

 Posted on March 26, 2021 in Finances and Divorce

The long-term financial effects of divorce can be expensive. If both spouses work, you will need to learn how to survive on just a single income. That one income has to cover utilities, food, and other expenses, as well as fund savings and retirement investments. However, planning ahead can help. If you are considering a divorce, financial advisors suggest taking the following steps so you are on firmer financial ground if and when you decide to file.

Know Your Current Financial Situation

To begin, it is important to know your current financial standing. First, acquire all copies of any bank accounts and investment statements for the past year. You should also make copies of any income tax returns filed for the past several years. Request your credit report so you can see exactly what debts you owe.

Continue Reading ››

 Posted on March 24, 2021 in Child Custody

As a parent, after you get divorced, it can be difficult to adjust to spending less time with your kids. You will want to do everything you can to prevent the possibility that you will be required to limit your parenting time further, including addressing situations where your ex plans to move to a new location that is farther away from your home. In cases involving parental relocation, you should be sure to understand your rights and how these matters are addressed in court.

Parental Relocation Under Illinois Law

Divorced parents who live in DuPage County and other counties in the greater Chicago area will need to meet certain requirements if they are planning to move to a new home that is at least 25 miles away from their current home. If a parent who has the majority of the parenting time with their child, or who shares equal parenting time with their former partner, will be relocating, they are required to notify the other parent at least 60 days before the date of the planned move, or at the earliest possible date if they make relocation plans within 60 days of moving.

Continue Reading ››