Recent Blog Posts
5 Common Financial Issues to Address in a High Net Worth Divorce
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
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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.
How Can I Protect My Professional Practice During My Divorce?
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.
UPDATE: What Happens When Child Support Becomes Past Due in Illinois?
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.
7 Tips for Talking to Your Children About Divorce
Divorce can be a difficult and emotional process for both parents and children. When parents decide to separate, it is crucial to have open and honest conversations with children to help them understand and cope with the changes that are about to occur in their lives. Here are some helpful tips for discussing your divorce with your children:
1. Plan Ahead
Before talking to your children about divorce, take some time to plan what you will say and how you will approach the conversation. Choose a calm and quiet setting where everyone can feel comfortable and avoid distractions. If possible, it is often best if you and your spouse speak to your children together and present a united front in which you can explain why your divorce is the best solution for your family.
2. Be Honest and Age-Appropriate
When explaining the situation to your children, be honest about the reasons for the divorce, but discuss matters in an age-appropriate manner. Tailor your explanations based on your children’s understanding of family relationships and their emotional maturity. Avoid blaming each other or burdening your children with adult details that they do not need to know about.
How Many Years Do You Have to Pay Child Support in Illinois?
Child support is a vital part of family law. It ensures the well-being of children whose parents are no longer together. In Illinois, understanding the period of child support obligations is essential for both custodial and non-custodial parents. Below we will explore the guidelines and regulations surrounding child support in Illinois, shedding light on how long one may be required to pay child support.
Determining Child Support in Illinois
Before diving into the timeframe of child support, it is important to understand how child support amounts are calculated in Illinois. The state follows specific guidelines that consider various factors, including the income of both parents, the number of children, healthcare expenses, and childcare costs. These guidelines serve as a foundation for calculating child support obligations.
Duration of Child Support in Illinois
Can a Stepparent Adopt a Stepchild in Illinois?
In today's modern world, blended families are more common than ever, and many stepparents have taken a key role in their stepchildren's lives. However, a stepparent does not have the same legal rights in relation to a stepchild that a biological parent does. In Illinois, though, there is a legal process of adoption by which a stepparent may gain those rights.
Stepparent Adoption Process in Illinois
Many stepparents love their stepchildren as if the child is their own, and they want to adopt the child to become the child's official, legal parent.
The criteria for obtaining legal stepparent adoption in Illinois include:
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The stepparent is legally married to the child's biological parent;
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The child consents to the adoption, if the child is at least 14 years old; and,
How Can Parenting Time Be Divided in an Illinois Divorce?
Going through a divorce can be very difficult, regardless of the situation. When children are involved, however, things can become much more complicated, and disagreements between parents can be emotionally charged and difficult to resolve. Many of the most significant concerns for divorcing parents will be related to child custody, including determining how parenting time will be divided. Depending on a family's circumstances, the needs of the children, and other factors, there are a wide variety of different arrangements for sharing physical custody of children. By understanding the options that are available, parents can take steps to make sure they will be able to maintain close, continuing relationships with their children going forward.
Options for Dividing Parenting Time
Parenting time, which is sometimes referred to as physical custody or visitation, refers to any time that children are in the care of either of their parents. These may include days that they stay overnight at a parent's home, or any shorter periods of time that they spend time with parents, such as evenings spent with one parent on school days.
Can a Spouse Use a Business to Hide Assets During the Divorce Process?
During a divorce, issues related to the division of marital property can often be some of the most important concerns to address. All of the money and property owned by a couple must be divided in a manner that is fair to both parties. However, there are some situations where the ability to divide assets equitably may be difficult due to actions taken by one spouse. To avoid dividing certain assets, spouses may sometimes attempt to hide money or property. This can be a significant concern in cases where a couple owns a family business that is primarily managed by one spouse. To ensure that marital property can be divided fairly, it is important to be aware of the methods that could be used to hide marital assets through a business.
Ways Business Owners May Conceal Money or Property
Issues related to a family business can complicate the property division process. In many cases, a spouse who is a business owner will want to make sure they will be able to continue owning the business after the couple's marriage is dissolved. This will require them to buy out the other spouse's share of the business, which is usually done by distributing other marital assets of an equivalent value to their spouse. However, the business owner may attempt to improperly benefit themselves and retain a larger portion of marital assets by taking actions such as:
How Can I Protect Myself During Divorce as a Stay-at-Home Parent?
Ending a marriage can be challenging for anyone, but the divorce process can be particularly tough for stay-at-home parents. If you have been out of the workforce for some time, you may be unsure about your financial stability, and whether you will have enough money to cover your ongoing expenses. If your spouse has been the one to handle your family's finances, you may be uncertain about the amount of income that is coming in or the extent of the assets you own. You may also be concerned about whether you will be able to continue staying at home to care for your children, or whether you will need to find a job. Fortunately, there are steps you can take to protect your rights and safeguard yourself and your children.
1. Gather Financial Documentation
During your divorce, it is essential to have an understanding of your family's finances. You will want to determine how much income is being earned from all sources, and you will also need to understand the assets you and your spouse own, and the debts you owe. As you prepare for your divorce, you can obtain relevant financial documents and information, including bank statements, tax returns, investment statements, credit card bills, and documentation related to assets such as your home and vehicles. This information can be crucial when addressing issues related to property division and financial support. Make sure to keep documents in a safe and secure place where they will not be lost or destroyed.
When Is a QDRO Used in an Illinois Divorce?
Getting a divorce can be a tough process, including emotionally and financially. Even after the divorce is finalized, sometimes certain financial issues can linger for years if they were not addressed properly during the divorce process. One aspect of the financial side of a divorce which spouses in Illinois should be aware of is called a QDRO, which many times is used to divide retirement benefits. By understanding when a QDRO may be used and how it can affect your financial future, you can make sure you are taking the correct steps to protect your interests, and avoid potential complications down the line.
What Is a QDRO?
A QDRO, or Qualified Domestic Relations Order, is a court order that allows for the division of certain types of marital property. These types of orders will typically be used when dividing retirement benefits, including certain types of retirement savings accounts and pension benefits which a person is eligible to receive after their retirement. Without a QDRO, a division of retirement benefits might result in unnecessary taxes, penalties, or other complications.