One of the issues that many people must consider when going through a divorce is health care costs. How do you even begin to navigate what you should anticipate for health care costs going forward, especially with the possible reality that obtaining health insurance might be more difficult and expensive then you ever imagined? Under the current administration, these challenges are heightened for those in the midst of a same-sex divorce, as uncertainty about the continuation of the Affordable Care Act “ACA” has left many people, especially those within the LGBTQ community, concerned. The concerns are warranted. The current Republican proposed legislation in both the House and Senate could have significant consequences for the LGBTQ community, as the legislation will directly impact the way LGBTQ Americans access health care through the individual market place.
According to the National Alliance on Mental Illness, LGBTQ people are three times more likely to suffer from mental illness then others. The stress associated with the fear of coming out to loved ones and the discrimination the LGBTQ community faces at large can understandably play a large role in depression, anxiety and other mental illness. Under the proposed legislation, depression and other mental health issues could likely qualify as a preexisting condition and trigger higher health care prices for obtaining treatment.
Schiller DuCanto & Fleck LLP is committed to gender identity and sexual orientation equality and diversity. The firm has represented many LGBTQ couples in a variety of family law cases, created an LGBTQ committee and conducts and hosts ongoing educational programs regarding LGBTQ issues. This is the first of a series of blogs regarding LGBTQ history, legal issues, and our evolving landscape.
In Chicago, LGBTQ Pride Month has evolved to include more than just the parade that many may associate with it. In addition to the parade, there are nearly 100 other events that take place in the city throughout June, including speakers, workshops, concerts, plays, and even 5K runs. 1
National LGBTQ Month, othwerise known as Pride Month, is celebrated by millions of people worldwide each June. Its origin can be traced to June 28, 1969 at the Stonewall Inn in Greenwich Village, New York, where a group of LGBTQ patrons resisted a raid by the police, who had targeted patrons on the basis of their sexual orientation. 2
Attitudes toward recreational marijuana use are continuing to evolve, with the idea becoming more and more acceptable to more and more people. In fact, the push to legalize marijuana on a recreational level continues in Illinois. On Wednesday, March 22, 2017, two state lawmakers from the City of Chicago’s North Side, Rep. Kelly Cassidy and Sen. Heather Steans, introduced legislation that they are sponsoring (Senate Bill 316 and House Bill 2353) which would legalize the recreational use of marijuana in Illinois. (The House Bill has since gained seven additional sponsors, and the Senate Bill has gained an additional six sponsors). This legislation would be known as the Cannabis Regulation and Taxation Act.
The goals of the legislation would be to allow law enforcement to “focus on violent and property crimes,” as well as “generating revenue for education and other public purposes, and individual freedom.” The bill suggests that Cannabis ought to be “regulated in a manner similar to alcohol.” If that truly is the intent, it will be interesting to see how judges hearing divorce cases will treat it when it comes to parenting issues.
In 2015, Obergefell v. Hodges held that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment of the US Constitution. Obergefell provides a date in which same-sex married couples residing in states that had not previously allowed same-sex marriage may now use as an applicable official date of marriage. Post-Obergefell, all states must grant same-sex marriages and recognize same-sex marriages granted in other states.
For many couples across the United States, the Obergefell decision was a victory for marriage equality. What may have been suspected, but no one knew definitively at the time, was exactly how much of an emotional benefit legalizing same sex marriage would have on our nation’s youth. In fact, since the Obergefell decision, research conducted by Julia Raifman, a post-doctoral fellow at the Johns Hopkins University Bloomberg School of Public Health, has come to light showing a significant decrease in teen suicide attempts in the U.S. post Obergefell, with the biggest impact amongst gay, lesbian and bisexual kids. This is noteworthy because according to the Trevor Project, an organization that works to prevent suicide among LGBT youth, “Suicide is the 10th-leading cause of death in the U.S. and the second for people aged 10 to 24, with queer teens statistically are more than four times as likely to attempt suicide as their straight peers.”
Whether you are in the process of getting divorced or are considering filing for divorce, there are a five (5) tax considerations you should be aware of as you move forward. As we are in the midst of tax season it is the perfect time to consider these tax issues to avoid potential pitfalls.
1. Hidden Taxes and Property Settlements: The transfer of assets between spouses incident to a divorce generally results in no tax consequences to either party. However, depending on the basis you/your spouse have in certain assets, there may be hidden tax consequences associated with the sale of assets such as real estate, investment holdings and business interests. These tax consequences may ultimately reduce the actual value of an asset that otherwise appears to be worth more at first glance.
If you are wondering what will happen to your health insurance coverage upon divorce, you are not alone. It is no secret that the cost of individual coverage is rising, and uncertainty about the continuation of the Affordable Care Act “Obamacare” post-election has left many people concerned, especially those with pre-existing conditions.
The latest estimates, as reported by the Chicago Tribune, are that Illinois rates will increase by an average of 44 percent for the lowest-priced individual bronze plans, 45 percent for the lowest-priced silver plans and 55 percent for the lowest-priced gold plans. Higher-level plans, such as gold plans, typically have higher monthly costs and lower out-of-pocket costs than lower-level plans.
October is Domestic Violence Awareness Month. In spite of the help and information available to victims of domestic violence, and the increased awareness by law enforcement about what abuse looks like and how to address it, domestic violence has not disappeared. It therefore bears repeating what many already know about this topic and some of the legal remedies available to victims. If this information causes even one victim to seek a way out of an abusive relationship, then the repetition is invaluable.
Domestic violence does not always look the way that one might think, and its victims do not either. Family law attorneys see abuse in all forms, physical, emotional and financial, and in victims from every race, ethnicity, gender, sexual orientation and socioeconomic group. At its core, domestic violence is an abuse of power in an intimate relationship.
We have all heard the warning, “Be careful of what you post on the Internet!” However, all of us find ourselves in a situation where we wish we had been more cautious and could take back what we posted on social media. Typically in these situations we go back and delete our posts. However, what if the mere act of deleting content from your social media account could be used as evidence against you in court?
Under Illinois Supreme Court Rule 219(c) and the common law theory of negligence, a party can be sanctioned for deleting content from their social media account. In family law matters, clients should be aware of this potential risk regarding the management of their respective social media accounts to avoid potential litigation over spoliation of evidence.
Women and men who do not marry each other, even in decades-long relationships, have no right to maintenance (formerly called alimony) if the relationship ends. These unmarried women and men also have no right to their former partner’s property, such as a profitable business and retirement benefits, even if they contributed time and money to the acquisition of the property. On August 18, 2016, in the case of Blumenthal v Brewer, the Illinois Supreme Court stated that this was also true for same sex couples who end their relationship. While the morality and fairness of this outcome are debatable, what is undeniable is that there can be disastrous economic consequences from not marrying.
The transition from the summer to fall season usually brings to mind students returning to school,
the kickoff of the football matchups and the leaves changing colors. A recent study conducted by sociologists at the University of Washington has revealed another fall seasonal occurrence: an increase in filings for divorce.
This report, presented at the 2016 annual meeting of the American Sociological Association, analyzed the timing of divorce filings in Washington state for a 14-year period, between 2001 and 2015. This evidence showed that, over the course of a calendar year, filings for divorce consistently increased in both March and in August. As these two time periods follow the winter and summer holiday seasons, the researchers concluded that the timing of filing for divorce appears to be tied to a “domestic ritual” calendar of societal and family behavior.