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Recent Blog Posts
Key Tax Implications of an Illinois Divorce
In Illinois, certain tax implications can significantly impact the terms of a divorce agreement. These should be discussed during negotiations. Some of them include the following:
Your Tax Filing Status
Whether you wish to join separately or together for the previous year will depend on when the divorce was finalized. For instance, if it was finalized on December 31st before 11.59 pm, that means you were not legally married before that time and can file separately for that year. Additionally, you may be able to file as the head of the household if you had child custody for at least six months of that year.
If the divorce was not finalized before the year ended, you and your ex-spouse could determine your filing status. If a party cannot decide, a judge decides how tax refunds and owed taxes are divided.
Cash and Property Awards in a Divorce Decree
Property and cash acquired pursuant to a divorce decree in Illinois are nontaxable for the person receiving them. This means the person providing them cannot deduct them from their taxes. The property and money that spouses own are presumed to be earned by the party – it is presumed they have already paid taxes on these.
Property Division for Stay-at-Home Parents
Who gets the marital home? Are stay-at-home parents eligible for spousal maintenance? These questions might keep you up at night before filing for a divorce in Illinois.
How Is Property Divided During a Divorce in Illinois?
The Illinois Marriage and Dissolution of Marriage Act divides marital assets equitably. It means that their rules on property division focus on a fair distribution of marital properties and assets instead of equal divisions.
Assets usually belong to both partners unless stated otherwise. Therefore, as a stay-at-home parent, you have the right to receive a significant share of the properties (i.e., money, investments, real estate property) acquired by your partner after marriage.
However, there are exceptions to this rule.
For instance, a prenuptial or postnuptial agreement may exclude some assets from the divorce settlement. Likewise, a property inherited by one spouse or purchased from non-marital assets may not be distributed.
Searching for Hidden Assets in an Illinois Divorce
When the stakes are high, spouses may use ulterior means to get a greater share of the marital assets. They may do this by underreporting their financial and property assets. As Kane County divorce attorneys, we have experience dealing with hidden assets during high-asset divorces and settling property divisions. If you suspect your spouse is not being honest, do not hesitate to ask for help.
How to Discover Hidden Assets in an Illinois Divorce
Documenting your financial records before filing for a divorce can help you build a better case against your spouse. However, sometimes spouses purposefully disguise assets to avoid equitable distribution during a divorce in Illinois.
They may avoid detection by lying about their income, making false investments, or asking a third-party like a friend or family member to hide the cash. Additionally, your spouse may open a retirement account, custodial accounts, and offshore account without your knowledge to funnel funds.
Crafting a Parenting Agreement: Ensuring Your Child's Best Interests
A parenting agreement, also known as a parenting plan, outlines how parents plan on raising their children following a divorce or separation. A well-crafted parenting agreement can help minimize conflict between parents and provide stability and predictability for the child.
However, the process of creating a parenting agreement can be complex and emotionally charged, requiring careful consideration of a variety of factors. This blog will provide practical tips on creating a successful parenting agreement that meets all legal requirements and prioritizes your child's needs.
Tip #1: Start with a Comprehensive Parenting Outline
The Illinois Marriage and Dissolution of Marriage Act provides an outline that can guide you through creating a comprehensive parenting agreement. Think of it as a template that includes decision-making, parenting time, transportation, and other sections. Starting with a template can help ensure you cover all the necessary topics in your parenting agreement.
Relocation and Visitation: Navigating the Challenges of Co-Parenting
Co-parents sharing responsibility for their children after divorce are bound to the terms of their parenting plan. But life can be unexpected. Changes such as a better job in another state, remarriage, or family illness can turn your plans awry. So how does that affect relocation and visitation rights?
Relocation Laws in Illinois
As per Section 609.2 of the Illinois Marriage and Dissolution of Marriage Act, a parent who wants to move a significant distance with their child needs to seek the court's approval first. Per Illinois law, relocating means moving more than more than 25 miles away if you live in one of the collar counties. If you live in a different Illinois county, a relocation is a move of more than 50 miles away, or more than 25 miles away if state lines are crossed.
If the parents disagree regarding the relocation, the court will make the decision about whether to allow the relocation.
Tips for Dividing Assets and Debts in a Divorce
Divorces that involve major assets and debts can be especially challenging. Couples with real estate, investments, retirement accounts, and other high-value assets must carefully navigate the division process. In any case, it is crucial to have a clear understanding of the laws and regulations surrounding property division in Illinois to ensure a fair and equitable settlement. This blog will provide tips and insights on approaching asset and debt division during a divorce. Read on to learn more.
Understanding Illinois Law for Assets and Debt Distribution
If a couple can agree on how to divide their assets and liabilities, they are free to distribute property and debt however they see fit. However, if the parties to a divorce are unable to reach an agreement, the case may proceed to court, where a judge makes the decision.
Child Custody Battles: Understand Your Options
In 2016, the Illinois legislature struck the term ‘custody’ from the Marriage and Dissolution of Marriage Act and replaced it with ‘parenting time and parental responsibilities.’ Parenting time refers to a schedule of how each parent spends their time with their children, which is approved by a family court judge. The court makes the schedule per the 'best interests of the child' if the parents cannot agree.
What Are Parenting Responsibilities?
A parent's decision-making responsibilities are called 'parenting responsibilities’ in Illinois. The parents can agree to share these responsibilities or one parent may have all decision-making authority. Parental responsibilities refer to major decisions about a child’s:
- Religion
- Health
- Education
- Extracurricular activities
As mentioned, an Illinois family court will allocate these responsibilities if the parents cannot decide or agree on them.
Tax Implications to Consider During a Divorce in Illinois
There are so many factors to consider during a divorce that certain issues can get overlooked. Divorcing spouses often fail to consider the tax implications of their divorce in Illinois. In this blog, we will discuss some of the tax issues associated with divorce. For personalized guidance, contact a Kane County divorce attorney.
Child Support
Illinois courts calculate child support payments based on the parents’ income after taxes. According to current laws, child support payments are not deductible by the payee and not taxable to the receiving parent.
So if you receive child support in Illinois, you do not have to worry about those payments being taxed.
Claiming Eligible Children
Clients who claim eligible children on income tax returns receive greater tax refunds, which makes this a serious point of contention in many Illinois divorces. However, it is not always as beneficial as divorcing parents may think.
How Retirement Assets Are Divided During a Divorce in Illinois
There can be many points of contention during a divorce. However, retirement assets are often a significant source of disagreement, especially for those who have worked hard to save for their golden years.
In Illinois, the retirement assets earned during the marriage are subject to equitable distribution during a divorce. Equitable distribution means that assets must be divided fairly among both parties, but not necessarily equally.
Of course, a skilled St. Charles divorce attorney can help you better understand your rights, and how your particular retirement assets may get divided during a divorce in Illinois.
Identification & Evaluation of Retirement Assets
The first step in dividing retirement assets during a divorce is to identify them, along with all of the assets that are considered part of the marital estate. In Illinois, any assets acquired by either spouse during the marriage is considered marital property and subject to equitable distribution.
How Much Child Support You Pay in Illinois
Child support is a key aspect of any Illinois divorce that involves children. It is designed to ensure the best interests of children, and that both parents contribute financially to the care and upbringing of their children.
If you are going through a divorce in Illinois, it is important to understand how child support is calculated and how much you or the other parent may be required to pay.
The Income Shares Model
Illinois child support payments are determined based on a calculation model known as the Income Shares Model. It takes into account key things like the income of both parents and the number of children involved.
The model or formula is based on the idea that each parent should contribute financially to the child's care in proportion to their income. Every case is different and your St. Charles divorce attorney can better guide you regarding the exact numbers of your case.
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