Category Archives: Alimony/Maintenance

Five Considerations for Divorcing Over Age 50

Divorce can occur at any point in a marriage. Just because you have been married for twenty years, doesn’t mean that you will be married forever. The divorce rate for people over 50 doubled between 1990 and 2010. Now, one in four divorces involve people over 50; in 1990 it was one in ten according […]

Do I Need to Re-Enter the Workforce After My Divorce?

Change is inevitable after a divorce. Parties find new homes, bank accounts are divided, furnishings must be allocated and time with the children shared. It is difficult for most to adjust to their new lives, but even more challenging for the at-home parent. Parents that sacrificed education or career opportunities in order to raise children […]

Adultery in Divorce Cases

The issue of adultery arises in many divorce cases. Sometimes, there has been a history of adulterous relationships by one or both spouses, that has been tolerated over time. Sometimes it is the single coup de gras that, when discovered, becomes the death knell of the marriage. It is estimated that in the United States […]

NHL Lockout Affects Support Proceedings

Article originally appeared in the September 25, 2012 issue of the Chicago Daily Law Bulletin written by Thomas F. Villanti and Evan D. Whitfield At 12:01 a.m. on Sept. 16, the Collective Bargaining Agreement between the NHL and the NHL Players Association expired without a new agreement in place, causing the owners to lockout the […]

Top Ten Myths in Illinois Divorce Cases [Myth #8]

Myth: All support payments are tax deductible. Wrong. Maintenance payments ordered by the court or covered in a Marital Settlement Agreement if they abate upon the death of the payee, are generally tax deductible to the payor and tax includable to the payee. Child support payments are not deductible by the payor or tax includable […]

Top Ten Myths in Illinois Divorce Cases [Myth #7]

Myth: If I have no income, I can’t be ordered to pay child support or maintenance. Not true. Illinois courts, as do most states courts, will go out of their way to protect children in connection with child support payments. If a party does not have employment, the court can take assets from that person, […]

Athletes Cannot Avoid Family Obligations

Article originally appeared in the July 24, 2012 issue of the Chicago Daily Law Bulletin written by Thomas F. Villanti and Evan D. Whitfield Much like the “curse of the Lotto,” we hear time and time again about former professional athletes who earned millions during their playing years only to squander it all and find […]

Illinois Spousal Support Laws: Cohabitation Conundrum

Illinois is one of only a few states where spousal support (commonly referred to as “maintenance”) statutorily terminates short of remarriage.  Specifically, the Illinois Marriage and Dissolution of Marriage Act provides that one of the several factors which will justify a termination of maintenance is the cohabitation of the maintenance recipient with another person on […]

Professional Sports & Family Law: Lockout Does Not Necessarily Equal Support Modification

As of July 1, 2011, both the National Football League (NFL) and the National Basketball Association (NBA) are embroiled in labor disputes, which have resulted in the owners instituting “lockouts” against the players.  This battle of millionaires versus billionaires has spurred a number of professional athletes, either at the behest of their agents or on […]

Protecting Your Lifestyle During and After Divorce

Divorce can be an emotionally stressful and challenging time.  Unfortunately, the divorce process can be made even more difficult when one spouse acts punitively to hurt their former partner by engaging in tactics that manipulate one party’s financial resources in order to injure the other spouse’s means of support.  While the goal of all divorce […]