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The Impact of Employment Status on Alimony Payments in Illinois
Alimony, which is officially known in Illinois as spousal support or spousal maintenance, is a payment that one spouse makes to the other after they separate or get a divorce. These payments are meant to ensure that the lower-earning or non-earning spouse can maintain a standard of living similar to what they had during the marriage.
Spousal maintenance is not automatically awarded and so it is not a given aspect of all divorces. Even if it is granted, the amount of money one spouse pays the other is determined by several factors, including each of the spouses’ employment status. A knowledgeable Illinois family law attorney can review your financial information and explain how you and your spouse’s employment can impact your alimony arrangements.
Employment Status of Receiving Spouse
A spouse who is unemployed or earns significantly less than the other spouse is more likely to receive spousal maintenance. This is because the court recognizes the challenges someone can face when forced into financial independence right after a divorce, especially if they sacrificed their career to support the family or care for children during the marriage. In such cases, spousal maintenance provides temporary financial assistance while the receiving spouse works toward becoming self-sufficient, for example, by finding a job or completing additional education or training.
Tax Considerations for Estate Planning in Illinois
Seniors wanting to ensure their loved ones are cared for and their assets are distributed according to their wishes should look into estate planning. While leaving clear instructions for how you want things addressed once you pass can give you a great deal of peace of mind, estate planning can have unexpected tax implications.
For example, certain strategies such as gifting or creating trusts can inadvertently trigger gift taxes or higher estate taxes. Failure to account for Illinois estate tax laws can also reduce the amount passed on to heirs. To learn more about how taxes could impact what you leave behind and those you leave it for, speak with a knowledgeable Lombard, IL estate planning lawyer.
How Do Federal Estate Taxes Work?
Estates that exceed a certain value are subject to federal estate taxes. As of 2024, that limit is $12.92 million per individual, something most people will not have to worry about. For those whose estate is worth more than that amount, anything exceeding that limit could be taxed at up to 40 percent, significantly reducing the amount that would be left.
Why Being Assigned a GAL Is Not Necessarily Cause for Panic
Sometimes, when parents are involved in a contentious Illinois custody dispute, the court will appoint a Guardian ad Litem (GAL) to help determine what is in the child’s best interest. Unfortunately, the role of a GAL is often misunderstood, causing worry and anxiety among parents who think it could be bad for their case.
The truth is that having a GAL involved does not mean that you are losing your case or will end up with an unfavorable outcome. In fact, a GAL can be a helpful part of the legal process, especially when the parents understand what it means and can approach this development with the right mindset. To learn more about the implications of having a GAL appointed to your case, speak with an experienced Lombard, IL custody lawyer.
What Does a Guardian ad Litem Do?
A Guardian ad Litem (GAL) is a court-appointed professional whose job is to represent a child’s best interests during a custody dispute. The GAL does not choose sides with either parent but makes the child’s well-being the primary focus. A GAL can be an attorney, social worker, or psychologist, depending on the case. He or she works by gathering information, speaking with the child, and observing family dynamics. Ultimately, the GAL makes recommendations to the court regarding custody, visitation, and other matters.
Navigating Divorce as an Illinois Business Owner
Divorce tends to be a challenging process for people to go through, whether logistically, financially, or emotionally. If you own a business in Illinois, it can be even more complicated. Your business might be one of your most valuable assets, so it is important to understand how it will be addressed in your divorce and whether it will be considered separate or marital property. If you are a business owner considering ending your marriage, consult with a qualified Arlington Heights, IL divorce lawyer to review your options.
Is Your Business Marital or Nonmarital Property?
An important step that is necessary before you can proceed is determining whether the business you own is considered marital property or separate property.
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Marital property includes assets and debts acquired during the marriage. If you started or grew your business during your marriage, there is a good likelihood that a judge would consider it marital property, even if you are the only person listed as the owner and your spouse is not involved.
I Was Falsely Accused of Parental Alienation. Now What?
Being falsely accused of committing parental alienation following a divorce can be extremely distressing. Parental alienation happens when one parent deliberately tries to damage a child’s relationship with the other parent. A parent can be left powerless to maintain a healthy relationship with his or her child if the other parent manipulates and undermines it.
Illinois courts take this seriously, and allegations can have severe consequences for the accused parent as well as the child. If you are falsely accused of parental alienation, speak with a skilled Lombard, IL family law attorney to understand how the legal system handles these claims and what steps you can take to protect your rights.
What is Parental Alienation?
The term "parental alienation" describes a situation where one parent deliberately tries to influence or manipulate the child to reject or alienate the other parent. This can be done through:
Is Uncontested Divorce Possible for High-Asset Couples?
Divorce is never easy, but it can become even more complicated when significant assets are involved. For people with substantial investments, real estate, financial holdings, or other assets, the divorce process can be lengthy and difficult. However, if both spouses agree about the major issues without needing a trial, couples can have an uncontested divorce. Speak with an experienced Arlington Heights, IL divorce lawyer to understand whether uncontested divorce is an option for you.
What is an Uncontested Divorce?
When both spouses can agree on all the important aspects of the divorce that need to be resolved in the settlement, they can have an uncontested divorce. Uncontested divorce is typically faster, less expensive, and less stressful than contested divorces. The couple needs to draft a divorce agreement that is acceptable to both of them and addresses everything, including:
How Is Estate Planning Different for Blended Families?
Blended families, where one or both parents have children from a previous relationship, are not unusual in America. The unique dynamic between stepparents and stepchildren makes the distribution of assets after a family death less straightforward than it can be for traditional families. Ensuring that stepchildren are treated as fairly as biological children and that the surviving spouse’s rights are protected can be a challenge.
Without a clear estate plan, there can be a higher risk of confusion, disputes, or unintended disinheritance among family members. If you have a blended family and are thinking about what you want to leave behind for your loved ones, speak with a qualified DuPage County, IL estate planning lawyer who can help you draft a detailed plan.
Why Does Estate Planning Matter for Blended Families?
Estate planning involves decisions about what will happen to your money, property, and other belongings after your death. For blended families, it can be especially important to have all of this written down because children from previous relationships, a new spouse, and stepchildren might all have a claim to your assets.
Parental Disputes Over a Child’s Social Media Use
As technology advances and becomes more and more involved in daily life, it can be challenging for unmarried parents who disagree about how their child should use social media. One parent might have serious concerns about how social media could endanger their child’s well-being, and the other might be concerned that limiting the child’s freedom could harm the child as well.
When two parents feel passionately about different sides of an argument, it can be a recipe for disaster. If it feels like you and your ex are in an endless battle about your child’s social media use, speak with a skilled Lombard, IL joint custody attorney about ways to resolve it.
Joint Legal Custody and Parenting Plans
The majority of divorced parents in Illinois have some sort of joint legal custody arrangement. That means both parents get a say and need to agree on important decisions that can affect their child. Social media is one of the areas parents need to agree about. If one parent wants to give the child the freedom to make his or her own informed decision and the other wants to restrict social media use, this is a problem that needs to be resolved.
Birdnesting: A Creative Solution for Divorced Parents in Illinois
When parents divorce, one of the hardest parts for them to figure out can be how to collaborate to raise and care for their children after they are separated. A growing trend called birdnesting offers a creative solution. Birdnesting means that the children stay in one home, while the parents take turns living in that home. This arrangement can be challenging and uncomfortable for some, so it is crucial to examine your dynamics with your ex before attempting it. However, if it can work for you, birdnesting can be an excellent way for families to address the emotional and practical challenges of divorce. Speak with a knowledgeable Arlington Heights, IL divorce lawyer to learn more.
What is Birdnesting?
In a typical divorce, children need to adjust to living in two different homes - one with each parent. This means moving back and forth between homes and adjusting to different rules and routines, which can be challenging.
Birdnesting changes this by allowing the children to stay in the same home throughout the divorce process. Instead of the children moving between parents' homes, the parents rotate in and out of the family home. Each parent has a schedule showing when they are supposed to stay in the home with their child, and when they need to stay somewhere else because it is the other parent’s turn.
My Ex Is Spending Child Support Funds on Herself. What Can I Do?
Child support arrangements are made to ensure that a child’s needs can be provided for, regardless of the financial situation of the parent responsible. Often, if one parent focused more on developing a lucrative career and the other was a stay-at-home parent, the working parent pays child support to the non-working parent. The goal is to ensure that parents can cover food, clothing, education, healthcare, and other costs for the child when they are together.
However, the purpose of child support is quite clear from its name. It is meant to cover the child’s needs, not the other parent’s. Illinois law aims to ensure that both spouses, regardless of their finances and employment, can maintain something close to their previous standard of living. That is why a couple’s marital assets will be divided fairly and why spousal support can also be ordered.
However, child support funds are intended to benefit the child. If you believe your ex is using your child support payments for her needs, speak with an experienced Illinois child support attorney to understand your options.
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