RSSAugust, 2011 - Chicago Illinois Family Law Blog Archive
How an Inheritance Can Impact Your Divorce
This blog post marks the conclusion of our three-part blog series discussing critical financial issues that must be considered by anyone facing divorce. Anyone in Illinois who is considering divorce is well-advised to consult with a divorce attorney to learn more about how these issues and others may affect their financial wellbeing.
Inheritances
In Illinois, if one spouse inherits or is gifted any money or property during the marriage, that property is considered to be non-marital property, and it will remain the sole property of the spouse receiving such gifts, provided that the gift or inheritance begins and then remains titled to the spouse or in a bank account that is solely in the name of that spouse. If the inherited money or property is placed into “co-ownership” with the other spouse, such as by placing it into a joint checking account or having both names placed on the deed of the property, then the inheritance or gift may be considered a gift of the marriage, and therefore the character of the money or property may be changed to be considered a marital asset.
Custody and Credit Issues to Consider Before Divorce
This blog post continues our discussion of important financial issues that anyone facing divorce should reflect upon, particularly with the counsel of a highly trained lawyer that has experience with family law. It can be an unwise decision to begin the divorce process without taking these factors into consideration.
Your Credit Score
If you do not have a good credit history, it may be worsened by a divorce. To open a credit card, rent an apartment, or even interview for some jobs a credit report is often needed. Depending on how damaged your score is, you may not be able to live to the standard of living you were accustomed to prior to the divorce. Depending on the situation, it may be worthwhile to wait for some time to divorce, if the split is amicable, in order for you to work on increasing your credit score. In some cases, if one party has serious credit damage, it may be in their best interests to attempt to negotiate to keep the house or vehicle so they do not have to face creditors any time soon.
Financial Factors to Consider Before Divorce
There is much to be considered before a person decides to divorce their spouse. Divorce can be a long and difficult process, and many don’t understand that it can also inflict great financial damage to both parties. There are better or worse times to get a divorce, with regard to finances and both parties’ specific circumstances. Working with a skilled family law attorney can ensure that anyone who is considering divorce will understand the impact a divorce may have on their wallet. This is the first part of a three-part series that will discuss financial factors that must be taken into account by those facing divorce.
The Real Estate Market
First, getting a divorce during an unstable real estate market can have unintended consequences. In a “hot” market, you may be able to capitalize on your home’s value and quickly sell it; however, when it is “soft” and there is a surplus of homes on the market, you may burn through the equity in your home if you are forced to sell it due to divorce. Each person’s situation is different; however, it may be advantageous for some to have a divorce settlement in which one party stays in the home while the other party takes other assets to compensate for their share of the home’s equity. Doing so avoids selling and moving expenses, as well as real estate fees and land transfer taxes, among other costs.
Pension Funds in Relation to Civil Union Spouses in Illinois
This post marks the conclusion of our blog series that discussed the new benefits given to civil union spouses under Illinois’ new civil union law. We have covered health insurance, workers’ comp, life insurance, auto and homeowners’ policies, and more in relation to civil union spouses. Our last topic covers pension fund benefits.
Are spouses in a civil union entitled to survivor benefits under pension funds for police officers and firefighters?
Yes, since the civil union law provides that civil union spouses are to be given all of the same benefits that are given to married spouses, which include pension-related survivor benefits. However, spouses in a civil union are subject to the same restrictions and obligations in relation to these benefits that married spouses are. For example, the surviving spouse of a police officer is entitled to survivor benefits only if the couple was joined in a civil union or married before retirement. Similarly, the surviving spouse of a firefighter is eligible for benefits only if the civil union or marriage occurred at least one year before the death of the firefighter.
Auto and Property Insurance Rights Granted to Civil Union Spouses in Illinois
As the nuances of Illinois’ civil union law come into focus, we continue to discuss the new benefits that civil union couples in the state have been given in our ongoing blog series. This post discusses what rights civil union spouses are given in relation to auto and property insurance.
Do insurers have to give civil union couples the same joint policies and discounts offered to married couples?
Yes. Insurers are required to offer the same contracts and policies to civil union couples as offered to married couples. If rates and/or discounts are offered based upon marital status by an insurer, they are required to treat civil union couples and married couples identically.
Increasing Number of U.S. Children Raised by Grandparents
Approximately one in 10 children in the U.S. resides with a grandparent, according to a study conducted by the Pew Research Center in 2010. That figure has increased progressively over the last 10 years, with a sharp increase during 2007 and 2008, when the economic downturn first began.
The study analyzed data from the U.S. Census Bureau and discovered that around 41 percent of those children residing with a grandparent are also being primarily raised by that grandparent. Altogether, it is believed that about 2.9 million children in the U.S. are being raised by one or both grandparents. About half of these children also reside with a single parent, while no parent is in the household for around 43 percent of these children. Approximately eight percent reside with both parents in the household, as well as with the grandparent acting as caregiver.
Same-Sex Households in Illinois Increased 40 Percent Between 2000 and 2010
The Chicago Tribune reports that the number of gay and lesbian households in the state has significantly increased during the past 10 years, a reflection of social changes making it easier for couples to be in a same-sex relationship openly.
According to data from the 2010 U.S. Census Bureau, the number of same-sex households in Illinois has increased by over 40 percent from 2000 to 2010. Interestingly, the numbers of these types of households were high in Chicago, as well as in the suburbs. For example, in Aurora, there was an 80 percent increase, with 463 same-sex households in 2010. In Chicago, there was a 25 percent increase, from 9,412 in 2000 to 11,715 in 2010.
Ex-Wife Claims Illinois Congressman Joe Walsh Owes Over $100,000 in Child Support
Recently, Illinois Congressman Joe Walsh was accused by his ex-wife of owing over $100,000 in child support. Walsh also failed to list any child support debt on his financial disclosure forms, on which politicians are required to include any liability over $10,000. As a result, he may also be facing a probe by the House Ethics Committee.
According to The Huffington Post, in December of 2010, Laura Walsh, his ex-wife, filed the claim against him as part of their divorce case, and alleged that he owed $117,437 to her as well as to the couple’s three children. She claims that the Congressman loaned at least $35,000 to his political campaign and went on extensive international vacations but then said he wasn’t able to afford child support payments either due to being out of work or between jobs. His attorney denies that he owes that amount in back child support and interest and insists that the amount owed is much less.
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