A prenuptial agreement, also known as a “prenup” or premarital agreement, is a legal contract that a couple may enter into before getting married. This agreement outlines how certain issues will be handled either during a divorce, or upon the death of one spouse, including the division of assets and liabilities. While many people associate prenups with property division, these agreements can also address other important financial issues, such as alimony. For those who are considering a prenuptial agreement and want to know more about their options for addressing alimony, a skilled family law attorney can provide very valuable legal guidance.

Understanding Alimony in Illinois

In Illinois, alimony is also known as maintenance, or spousal maintenance, or spousal support. Alimony consists of financial support paid by one spouse to the other after a divorce. The purpose of spousal maintenance is to help the spouse who receives this support maintain their standard of living and transition into single life.

During a divorce, the court will consider several factors when determining whether to award spousal maintenance,  how much should be awarded, and how long it should be paid. These factors include:

Divorce is rarely an easy or simple process, but it can become even more complicated and difficult when children are involved. When parents address child custody (now called parental responsibilities in Illinois) issues during divorce proceedings, they will need to create a “Parenting Plan” document which outlines how child-related issues will be handled by the parents going forward. A well-crafted “Parenting Plan” document can help avoid conflict and provide stability for children. When negotiating the terms of a parenting agreement, a skilled family law attorney can help protect your parental rights and provide guidance on how to protect your children’s best interests.

The Importance of a “Parenting Plan”

A “Parenting Plan” is a document which constitutes a written agreement between divorcing or separating parents that outlines how they will share responsibilities and make decisions about their children’s upbringing. It covers  subjects such as the allocation of parental responsibilities, parenting time schedules, communication methods, dispute resolution procedures, and more.

Having a detailed “Parenting Plan” in place provides clarity and structure for parents and children. It helps establish expectations and guidelines for co-parenting, while ensuring that children’s best interests are protected. Having an agreed-upon plan can reduce conflict between parents by providing clear instructions on how to deal with different situations.

The process of divorce can be emotionally and financially draining. This is particularly true for couples who have a high net worth, as they often have complex financial situations that need careful consideration as they work to separate their lives from each other and legally dissolve their marriage. If you are in this situation, addressing these vital financial issues will be crucial, since it will ensure that you will be able to move forward and maintain financial stability after terminating your marriage.

Key Financial Issues to Consider During a High Net Worth Divorce

1. Categorizing marital property vs. separate property: An important aspect of any divorce  involves identifying which assets are considered marital property. In high net worth divorce cases, one spouse may have brought significant pre-marital assets into the marriage that should not be subject to division. Clear documentation of the source of different types of assets can be crucial when determining what property will be subject to division. In some cases, the terms of a prenuptial agreement may play a role in determining what types of assets will be considered marital or separate property.

2. Valuing complex assets: High net worth couples often possess diverse investments such as stocks, bonds, real estate holdings, businesses, retirement accounts, and more. Determining an accurate valuation of these complex assets is necessary to ensure a fair division during the divorce process. Certain procedures may need to be followed when dividing these assets, such as using a Qualified Domestic Relations Order (QDRO) to divide retirement accounts and pensions without incurring penalties or being required to pay taxes.

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When you are going through a divorce, you may be concerned about how it will affect a professional practice that you have worked hard to build. As you proceed with the process of ending your marriage, it is essential to take steps to protect your professional practice and ensure its continued success. Here are some important considerations as you address issues related to the division of marital property and other divorce-related concerns:

Hire an Experienced Divorce Attorney

The first step towards protecting your professional practice is to work with a divorce lawyer who understands the complexities of business ownership and how to address financial concerns during divorce proceedings. Your attorney will guide you through the legal procedures that will be followed during your case, advocate for your financial interests, and help safeguard your professional practice.

At Law Office of Vincent C. Machroli, P.C., our divorce attorney has extensive experience helping professionals navigate divorces while protecting their assets. We understand the unique challenges faced by professionals during the divorce process, and we can provide advice on the best ways to safeguard your business.

Originally published: May 27, 2021 -- Updated: July 24, 2023

Update: As discussed below, there are a number of methods that may be used to enforce child support obligations and collect payments that are past due. However, parents should also understand when child support obligations may be modified based on changes that have occurred that have affected a person’s ability to make ongoing payments.

While Illinois courts take steps to ensure that both parents are contributing toward their children’s financial needs, they also recognize that circumstances may arise that could affect a person’s ability to support themselves while making these payments. If a parent who is required to pay child support experiences a change in circumstances that affects their ability to meet their obligations, they may request a modification of their child support order. For example, the loss of a job may affect a parent’s ability to make payments, and they may be able to have their obligations temporarily reduced until they can find new employment.