Tag Archives: Marital Property

What the Kardashian Pregnancy Could Mean to the Divorce Property Division

Sarane C. Siewerth Contributed to this Blog Post A big news story recently has been the announcement that Kim Kardashian and Kanye West are expecting a baby together. The announcement is inevitably followed by the statement that Kim is still married to Kris Humphries despite filing for divorce in October 2011 after 72 days of […]

Instant Replay Creates All Kinds of Issues

Article originally appeared in the November 27, 2012 issue of the Chicago Daily Law Bulletin written by Thomas F. Villanti and Evan D. Whitfield Major League Baseball (MLB) is deciding this off-season whether to extend instant replay to other areas of the game.  Meanwhile, former LA. Dodgers owner Frank McCourt is facing his own instant […]

Top Ten Myths in Illinois Divorce Cases [Myth #4]

Myth: Refusing to pay attorney’s fees to or on behalf of my spouse is a good strategy because it will freeze him or her out and give me a leg up. In Illinois, the response is no. Illinois has a statute that allows for temporary fees to be awarded from the spouse who is financially […]

Top Ten Myths in Illinois Divorce Cases [Myth #3]

Myth: My spouse’s marital misconduct or bad behavior will help me in my marital case. If a husband has a girlfriend, or a wife spends money without any budget or regard for their finances, are those factors things that a court would consider in the division of property? Generally not. Our statute very specifically says […]

Top Ten Myths in Illinois Divorce Cases [Myth #2]

Myth: Illinois is a 50/50 property division state. Probably one of the most commonly asked questions I receive from clients is, “Is Illinois a 50/50 property division state?” It can be, but not necessarily. 50/50 states are known as community property states; California, Louisiana and Wisconsin are examples. Illinois is what is called an equitable […]

Pet Ownership in Illinois Divorce Cases

Pet owners love their pets and view them as an important part of their family.  Pet care is a multi-billion dollar industry, as evidenced by the increase in pet insurance, pet attire, specially made pet food, regular pet grooming services, and the number of pet pictures owners carry in their wallets.  About a third of […]

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 […]

Retaining Your Non Marital Property After Divorce

Most people contemplating or going through a divorce are looking to retain as much of their property as possible.  That property is divided into two classifications: marital and non-marital property.  Marital property in Illinois generally consists of property acquired during a marriage.  Illinois divorce law requires the equitable sharing of all marital property.  That means […]

Flash Point: Court Should have Reevaluated Retirement Account when Entering QDRO

In a second appeal, the husband challenged the trial court’s finding after remand that would cause him to bear the majority of a retirement account’s loss when entering a QDRO.  In its original judgment for dissolution of marriage in 2007, the trial court evenly divided the parties’ retirement assets with one of the Husband’s plans […]

Equitable Doesn’t Mean 50/50

A Primer on How Property is Divided in an Illinois Divorce Case If you follow the tabloids and Hollywood divorces, you might mistakenly believe that property is automatically divided 50/50 in a divorce.  While that is true in community property states like California, it is not true in Illinois.  Illinois is an equitable distribution state, […]