Posted on June 26, 2020 in Uncategorized

When it comes to paying spousal support or maintenance (alimony), a common question is, “What happens if my ex remarries or starts living with someone else?” Do you still have to pay alimony in this situation? Under Illinois law, the remarriage of a former spouse receiving alimony automatically terminates the paying spouse’s obligations, unless the divorce settlement or judgment specifies otherwise. Even if the receiving spouse does not formally remarry, but instead starts “cohabitating” with another person, the paying spouse can still seek a court order terminating spousal maintenance. But keep in mind, unlike with remarriage, cohabitation does not automatically end alimony obligations.

Appellate Court Finds “Friends with Benefits” Relationship Not Enough to End Alimony

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 Posted on June 23, 2020 in Divorce

Retirement accounts are frequently among the most important assets involved in an Illinois divorce case. If pension benefits are earned by either spouse during the course of a marriage, they are considered marital property. So in the event of a divorce, a judge may issue a Qualified Domestic Relations Order (QDRO), which enables the division and transfer of retirement funds without incurring any legal penalties.

Appeals Court: Divorce Settlement Did Not Refer to Former Husband’s Disability Pay

A recent decision from the Illinois First District Appellate Court raised an interesting question related to divorce and retirement benefits–namely, does a QDRO affecting a former spouse’s pension also apply to any pre-retirement disability benefits they receive?
The facts of this case, In re Marriage of Sullivan, are fairly straightforward. A husband and wife divorced after nearly 13 years of marriage. During the marriage, the husband acquired pension benefits through several plans. Based on a marital settlement agreement (MSA) negotiated between the parties, a Cook County judge entered a QDRO, giving the wife 50 percent of all listed pensions.
After the judge entered the order and the divorce was final, the now-former husband applied for Social Security Disability insurance benefits. This was necessary so that he could also receive long-term disability benefits under his pension plans. When the former wife learned of this, she went back to court, arguing that she was also entitled to 50 percent of the disability benefits. The former husband argued the MSA and QDRO only applied to retirement benefits, not disability.
The courts sided with the former husband. The First District, affirming a Cook County judge’s prior ruling, noted that the “absence of an express or even implied reference to disability or disability benefits” strongly suggested that the “parties did not contemplate benefits at the time of dissolution.” Indeed, the agreement and QDRO only intended for the former wife to share in the former husband’s “retirement benefits.
The way that disability works, the former husband will receive those disability benefits until he reaches his normal retirement age of 65, at which point those benefits convert into the pension. So as the appeals court explained, had the former husband “never become disabled, he would not be receiving any payments” from his disability plan.

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 Posted on June 17, 2020 in Divorce

Here is a common question regarding divorce in Illinois: If I divorce my spouse, can he or she still inherit property under my will? The short answer is that if you did not bother to change your will after the divorce–and you really should–then any language naming your ex-spouse as a beneficiary or executor is automatically invalidated. The remainder of your will remains valid; the law simply acts as if your former spouse had predeceased you. Of course, you are always free to sign a new post-divorce will naming your ex-spouse as a beneficiary or executor; this rule only applies to pre-divorce wills. If a person dies without a will, his or her estate is subject to distribution under Illinois intestacy law. Intestacy usually provides that the surviving spouse will inherit all or part of the estate, depending on whether or not the deceased had any children or heirs. But as with the rules governing wills, a former spouse’s right to intestate succession ends with the entry of a divorce judgment.

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 Posted on June 08, 2020 in Child Support

When it comes to modifying child support obligations in Illinois, a court must answer one basic question: Has there been a “substantial change in circumstances” justifying a departure from the original award of child support? What qualifies as a “substantial change” will depend on the facts of a given case. But one thing to keep in mind is that if a change was anticipated or expected at the time of the parents’ divorce, that alone will not guarantee that a court will increase or reduce a non-custodial parent’s support obligations. Below is a recent court case that involves parenting time and a request for a child support modification in Illinois.

Court: Will County Father Not Entitled to Reduce Support  

A Will County case from earlier this year, In re Marriage of Connelly, helps to illustrate what Illinois judges look at when considering a request to modify support. The parents in this case divorced in 2015. Under a joint parenting agreement (JPA) approved by both sides, the mother became the residential parent, with the father receiving certain visitation or parenting time rights. A subsequent marital settlement agreement (MSA) required the father to pay 28 percent of his income as child support.

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 Posted on May 29, 2020 in Child Custody

It is not uncommon for one parent to move out of state following a divorce from the other parent. But when it comes to relocating with a minor child, an Illinois court must first determine if such a relocation is in the child’s best interests. Illinois law establishes a list of factors for the court to consider, including the circumstances and reasons for the relocation, the child’s educational opportunities at the new location, and whether the court can fashion a reasonable parenting plan if the move is allowed.

Illinois Court Reconsiders Earlier Decision to Deny Mother’s Request for Relocation

The parent seeking relocation bears the burden of proving that a proposed move will benefit the child. No parent should ever relocate under the assumption that the court will simply allow him or her to take the child along. In addition, should a court decide to reject a proposed relocation, the parent’s options for appeal can prove quite limited.

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 Posted on May 22, 2020 in Divorce

Child support obligations do not always end when a minor turns 18. In Illinois, the law also provides for non-minor support obligations. Specifically, a parent may be required to make certain “contributions” toward their adult child’s college expenses. Section 513 of the Illinois Marriage and Dissolution Act authorizes a judge to make such orders. Unless the parents agree otherwise, the court will not order parents to support their child’s education past their 23rd birthday. (In exceptional circumstances, this may be extended to the child’s 25th birthday.) In this context, educational expenses include not only tuition but also housing, medical, and other “reasonable” living expenses. That said, a parent is not obligated to pay the full cost of an out-of-state private school. Illinois law caps a parent’s total obligations based on the current in-state tuition and room and board rates used by the University of Illinois at Urbana-Champaign.

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 Posted on May 18, 2020 in Divorce

Divorce cases in Illinois often take many months--and sometimes years--to fully resolve. During this time, it is possible that one spouse may pass away. If this happens, what effect does it have on the divorce case? For example, can the surviving spouse enforce a property division order against the deceased spouse’s estate?

Deceased Husband Owes Wife $25,000 for Misconduct in Divorce Case

A March 2020 decision from the Illinois Third District Appellate Court, In Re Estate of Strong, addressed the rights of a person to assert a creditor claim against the estranged spouse’s estate. In this case, the husband and wife married in Germany in 1986. The husband returned alone to the United States in 2013 and filed for divorce in Illinois a year later. When the wife failed to respond, the Illinois court granted the husband a default judgment of divorce.

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 Posted on April 20, 2020 in Divorce

There are many circumstances that can lead to a divorce, and every situation is unique. Illinois divorce law makes it somewhat easy to justify your reason for wanting to legally end your marriage. Citing irreconcilable differences is the only grounds for divorce in Illinois. However, nothing about divorce feels that simple when you are going through it, so having the assistance of an experienced divorce attorney can make the proceedings less intimidating. As you are preparing to file, it is important to consider the several routes that a no-fault divorce can take.

Illinois’ Divorce Laws

In Illinois, you do not have to find fault with your spouse to legally justify your reason for wanting a divorce. In the past, you would have to prove that your spouse was adulterous, an alcoholic, abusive, or engaging in other harmful behaviors. Since Illinois is a no-fault state, you can file at any time and get divorced in a fairly quick manner if both you and your spouse consent to the terms of the settlement. Your divorce decree will contain information on spousal support, property division, as well as child support and parenting time if you have children. 

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 Posted on April 14, 2020 in Uncategorized