divorce financial considerations

How an Inheritance Can Impact Your Divorce

By Nottage and Ward on August 29, 2011 - Comments off

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. Read the rest »


Custody and Credit Issues to Consider Before Divorce

By Nottage and Ward on August 26, 2011 - Comments off

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. Read the rest »


Financial Factors to Consider Before Divorce

By Nottage and Ward on August 24, 2011 - Comments off

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. Read the rest »


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