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Recent Blog Posts
Can I Collect My Ex-Spouse’s Social Security Benefits?
Too many people getting a divorce in Illinois fail to consider how Social Security benefits are handled until after the divorce is over. Because Social Security law is complex and not subject to division as part of the asset division process, it is easy to overlook.
However, many people are entitled to Social Security benefits according to their former spouse’s work history. If you are getting divorced, you will likely want to understand how federal law provides for situations in which divorcees can obtain Social Security benefits so you do not miss out on money to which you are entitled.
When Can a Divorcee Qualify for Spousal Social Security Benefits?
Because spousal benefits are not automatically given to former spouses, you must apply to receive benefits through the Social Security Administration. No matter which state you live in, Social Security benefits are decided according to federal law. The federal government considers several factors when determining benefit eligibility for divorcees:
How Long Does Spousal Support Last in Illinois?
Spousal support is often a contentious issue in an Illinois divorce, but it is of crucial importance to the receiving spouse. Often, one spouse will have sacrificed their career options for many years in order to do the majority of the child care and housekeeping. Even if there are no children involved, the income disparity between spouses can be so extreme that the quality of life a couple has built together is entirely compromised by the divorce. In cases like this, judges are likely to award spousal support payments (previously called “alimony”) to one spouse.
Which Factors Determine Whether Someone Must Pay Spousal Support?
Illinois courts consider many factors when making decisions regarding spousal support payments. The goal is never to punish one spouse and reward the other, but rather to attempt an equitable arrangement at the end of a marriage. The court may consider, but is not limited to, the following factors:
Will a Stay-At-Home Parent Get More Parenting Time in Illinois?
A divorce can be a very difficult experience for a stay-at-home parent. If you dedicate the majority of your time to caring for your children and the family home, the end of your marriage can upend your entire life. Many stay-at-home parents are understandably concerned about the financial implications of divorce, like their ability to provide for themselves and their children on their own. However, parenting time can also be a major concern, especially when you are used to seeing your children all the time.
Parenting Time Agreements for Stay-At-Home Parents
There are many reasons why a person may choose to be a stay-at-home parent, but chances are, you and your spouse had some sort of agreement during your marriage that it was best for the family for one of you to stay home. Perhaps this was because one parent was better equipped to provide for the children’s regular care, or because the other parent needed to work outside of the home to provide financially for the family. When you are getting the divorce, these reasons may still hold true, and you and your spouse may be able to negotiate a parenting time schedule in which the stay-at-home parent maintains a greater share of parenting time.
Why Do Some Marriages Fail in the First Few Years?
When a couple gets married, they make what is supposed to be a lifelong commitment to each other. Unfortunately, things do not always turn out that way, and many marriages last for much shorter timespans. In fact, recent statistics from the Centers for Disease Control and Prevention’s National Survey of Family Growth show that more than 20 percent of first marriages result in divorce or separation before reaching the five-year mark. Marriages can fail in the early years for a number of reasons, and you could find yourself facing the prospect of divorce much sooner than expected.
Contributing Factors in Early Divorces
It may be hard to imagine how a marriage would fail so soon after it begins, but the truth is that there are many serious issues that can come to the surface in the early years of married life. Some examples include:
- Financial conflicts - For many couples, marriage marks the beginning of sharing financial responsibilities and decision-making. If a couple has not discussed finances before getting married, they may find that they have incompatible priorities, or even that one spouse has been hiding financial troubles from the other.
How to Recognize Your Spouse’s Dissipation of Marital Assets
The division of marital assets in an Illinois divorce is a stressful process under any circumstances, and it can be made worse by a spouse who recklessly or intentionally wastes assets, or uses them for self-serving purposes before the divorce is finalized. The legal term for this behavior is “dissipation,” and there are remedies available to a spouse who has been wronged by it. However, it is important to understand what actually qualifies as dissipation to make sure you have grounds to file a claim against your spouse.
Uncovering Signs of Asset Dissipation
Before you can go about claiming dissipation, you need to be aware that it is happening. In some cases, a spouse’s wasting of marital assets may be open and obvious, especially if they are doing it out of spite or a desire to hurt the other spouse. However, it is more common for a spouse to try to hide their dissipation. You may be able to find signs of dissipation on your own by carefully reviewing your joint bank accounts, credit cards, and other financial documents. You can also enlist the services of a forensic accountant to find signs that you may have missed.
Who Benefits from Establishing Legal Paternity in Illinois?
When a baby is born to unmarried parents in Illinois, the father is usually not automatically recognized as the child’s legal parent. Establishing legal paternity requires further action through either the Illinois court system or the Department of Healthcare and Family Services. Though it may seem daunting to attempt to resolve a legal matter, establishing paternity can actually be quite simple, and it can offer significant benefits for everyone involved.
Benefits for the Child
The most important reason to establish legal paternity is to better provide for the child’s needs. A man who has been recognized as a child’s legal father is required to contribute his fair share to child support, including for basic childcare expenses and any extraordinary needs that the child may have. A child may also be entitled to many other benefits through their legal father, including military and veteran’s benefits, Social Security benefits, health insurance benefits, and inheritance benefits.
Three Tips for Preparing for Divorce Mediation in Illinois
When a couple is preparing for divorce and considering their options, many will find that mediation is a much better alternative to a protracted, hostile divorce court battle. Mediation allows couples to have greater control over the entire process, and to settle their differences with a more satisfactory compromise than they might if a judge makes the decisions for them.
However, mediation is still a complex and emotionally exhausting legal process, and it takes some preparation. Important decisions must be made that will have long-term effects on the couples’ lives, as well as those of any children.
Here are a few tips that will help spouses prepare for the process of mediation.
Know Your Priorities
It is not easy to advocate for yourself when you do not really know what you want. Understand that compromise is going to be a crucial part of mediation, and contemplate which things are most important to you and why. If your family has a unique Christmas tradition, then maybe spending Christmas day with your child will be much more important for you than visitation time over Easter.
How Does Unemployment Affect Child Support in Illinois?
In Illinois, parental income has long been an important factor in establishing the terms of a child support order. Since 2017, this now includes the income of both parents, rather than just the paying parent. As such, changes to either parent’s income can have a significant impact on the amount to be paid. Perhaps the most dramatic change in income a parent may experience is the loss of their job. If you or your child’s other parent have recently become unemployed, you should be aware of how this can affect child support moving forward.
Unemployment and Initial Child Support Calculations
Whether a child support order is established during the divorce process or after an adjudication of paternity, the size of the payments is determined in large part by each parent’s income at the time. Obviously, when a parent is unemployed, they will not have any wages to factor into the calculation, but unemployment can still influence the calculation in other ways, depending on whether a parent is involuntarily or voluntarily unemployed.
Which Family Law Issues Can Be Resolved Through Mediation?
If you are preparing for a divorce, you may be familiar with the resolution method of mediation. This option is desirable for many divorcing couples, as it allows them to work through their issues peaceably and privately, maintain control over the outcome, and often save time and money. You may be surprised to learn that mediation services are available not just for divorce, but also for several other family law matters.
Family Law Mediation Services in Illinois
As long as both parties are willing to come to the table and negotiate an agreement, mediation can work to resolve many family law disputes that would otherwise have to be addressed in court. Family law mediators are well-versed in a variety of cases, and they have the skills and experience to help spouses, parents, and other parties identify common ground while remaining neutral themselves.
How to Handle a Mortgage in an Illinois Divorce
When a couple gets married, their finances become intertwined. This includes not just the property they own, but also their obligations to repay certain debts. Just as a couple’s home is often their most valuable asset, the mortgage they took out to finance it is often their largest source of debt. In the event of a divorce, the home’s equity and the outstanding mortgage balance will both significantly impact the division of marital property.
As you decide how to handle all of your assets and debts in your divorce, you should give special consideration to your home mortgage. If you and your spouse are willing to work out an agreement, you may have several options to either reduce the debt or allocate it fairly.
Eliminating Mortgage Debt by Selling Your Home
Often, the simplest option for handling your home and the associated mortgage in your divorce is to sell the property. If the housing market is strong, you may be able to completely eliminate your mortgage debt by selling your house, perhaps with revenue left over to distribute fairly between you and your spouse. Of course, this means that neither of you will be able to continue living in the home, but this may be a good option if you are both looking for a fresh start.
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