Category Archives: Alimony/Maintenance

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 […]

Alimony in Lieu of Property

Under Illinois divorce law, the so-called “equitable distribution” principle (enacted in 1977) allows courts to allocate marital property in myriad ways.  The asset mix in the “marital pot” in numerous cases, however, does not lend itself to a percentage division that a court is likely to order (or on which the parties might ideally agree).  […]

Breaking Law in Illinois: Social Security Income Not Exempt from Payment of College Expenses

The Second District Appellate Court recently found that social security disability income can be used to satisfy an obligor’s duty to fund college expenses. In re Marriage of Truhlar, 2010 WL 3667117 (2nd Dist. Sept. 17, 2010), the parties had agreed, at the time of their divorce in 1994, to contribute to the cost of […]