Tag Archives: Property

Blumenthal v Brewer: What Can Go Wrong If Couples Do Not Marry

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 […]

Couches, Lamps and Ashtrays – Resolving Personal Property Division

Most attorneys put off the resolution of personal property division to the end of the case. Unfortunately, waiting until the end of the case sometimes allows for the parties’ residual anger and resentment to be focused on what otherwise should be a fairly straight forward problem to resolve. The law requires assets and liabilities to […]

On Property Rights for Same Sex Spouses

The past decade has seen tremendous progress in the battle for marriage equality.  State bans on same sex marriage are falling one after another, granting these families the legal recognition they were denied for too long. On June 1, 2011, the Civil Union Act became effective and Illinois not only began granting civil unions, but […]

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 […]

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 […]

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 […]

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).  […]