Category: Marital Property

“If you can’t explain it simply, you don’t understand it well enough.” – Albert Einstein.

Freeze Assets in an Illinois Divorce
Divorce

Freezing Assets During an Illinois Divorce

When a divorce begins, there is a fundamental lack of trust between the two spouses. This lack of trust is especially strong when it comes to finances. There will always be suspicion that one spouse will try to hide or remove assets from the marriage. Because of this, parties will try to ask the court

Read More
Engagement Ring In Illinois Divorce
Marital Property

Who Gets The Engagement Ring In Illinois?

Traditionally, men ask women to marry them by buying them a diamond ring. The “rule” is that the diamond ring should be worth two months of the man’s salary. That is a lot of money. If the parties do not get married or get married and get divorced, who gets that engagement ring under Illinois

Read More
Cars and divorce in Illinois
Divorce

Cars, Trucks and Motorcycles In An Illinois Divorce

An average person’s assets are usually relatively simple.  The average person may own a house, the average person might have a retirement account but the average person almost certainly owns some kind of automobile. So, what happens to a car, truck or motorcycle in an Illinois divorce? Is An Automobile Marital Property In An Illinois

Read More
How to evict your spouse during an Illinois divorce
Illinois Law

Exclusive Possession Of The Marital Home In An Illinois Divorce

Living with someone is hard. It’s even harder to live with someone while you’re in the process of divorcing them. Sooner or later, someone has to move out of the house. How do you get exclusive possession of the marital home in an Illinois divorce?  Temporary Exclusive Possession Of A Marital Home During An

Read More
Beneficiary designations after an Illinois divorce
Marital Property

Leaving Your Ex-Spouse As A Beneficiary After An Illinois Divorce

If you have ever opened up any kind of account with a financial institution, you will be asked to name a beneficiary. The beneficiary will be the person who will receive the account, if you pass away. If you are married, you will likely choose your spouse to be the beneficiary of that account. If

Read More
Assuming a mortgage after an Illinois divorce
Marital Property

Mortgage Assumption In An Illinois Divorce

For forty years it was simple to get your spouse off your mortgage so you could keep the marital home after an Illinois divorce. The spouse that kept the marital house would refinance the mortgage. Some of the debt would have been paid off and mortgage rates were typically lower than they were when the

Read More
Forcing The Sale Of An Asset In An Illinois Divorce
Marital Property

Forcing The Sale Of A Home, Business Or Asset In An Illinois Divorce

An Illinois divorce divides a couple’s property. Property is either deemed “marital” or “non-marital” by an Illinois court in order to determine whether a court can distribute that property between the parties. In an Illinois divorce, non-marital property automatically goes to the spouse who owns that property. “[T]he court shall assign each spouse’s non-marital property

Read More
Trust Accounts And Marital Assets In Illinois
Illinois Law

Trusts And Marital Assets In An Illinois Divorce

I recently saw an advertisement on Facebook that said, “Protect your assets in a divorce with a trust.” Hmm. I am a divorce lawyer who is obsessed with divorce law and strategy. Why had I not heard that a pending divorce could be resolved by simply transferring all of one’s property into a trust? What

Read More