Category: Property Division

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

Property Division

Are 401(k)s Protected From A Divorce In Illinois?

Most people have two big assets: their home and their retirement savings. The retirement savings are usually kept in a tax-deferred account like a 401(k). 401(k)s are a great tool for savers. 401(k)s are automatically funded from employees’ paychecks. Employers can also match 401(k) savings. 401(k) funds are not taxed until they are withdrawn (which

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Valuing Dental Practices In An Illinois Divorce
Property Division

Valuing And Dividing A Dental Practice In An Illinois Divorce

Contrary to myth that dentists suffer outsized divorce rates, the divorce rate for dentists is approximately 25% which is lower than the nationwide average. Still, dentists do get divorced and the dentists who own their practices may have to divide the value of their dental practice in an Illinois divorce. This article serves as a

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Property Division

What To Do When A Spouse Empties Joint Bank Accounts In An Illinois Divorce?

In Illinois, if your spouse empties a joint bank account before or during a divorce, you can’t rely on automatic protections but you can file a motion for temporary relief or to maintain the financial status quo. Courts can order the funds restored or award you temporary support. Act quickly and consult a Chicago divorce

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Marital Property

Who Pays The Mortgage During An Illinois Divorce?

Mortgages typically consume 25 to 33 percent of a household’s total income. A mortgage is usually a household’s biggest expense. Additionally, mortgages are usually tied to a household’s biggest asset, the marital home. Failure to pay a mortgage means a married couple’s biggest asset is at risk of foreclosure. For all these reasons, the mortgage

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Business partners including themselves in an Illinois divorce
Divorce

Fiduciary Duty And Divorce In Illinois

When you are married to someone, you have a lot of mutual responsibilities to each other. It is up to you both to resolve those responsibilities. If you cannot resolve your mutual responsibilities, you file for divorce, and in Illinois, the Illinois Marriage and Dissolution of Marriage Act outlines what happens as you dissolve your

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divorce and rent
Divorce

Getting Divorced While Renting In Illinois

36% of people nationwide rent their homes instead of owning them.  In Chicago, the percentage of renters is even higher at 51.5% of people being renters.  So, while we know houses get divided in a divorce, what happens to renters when getting a divorce in Illinois? Who Keeps The Rented House In An Illinois Divorce?

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Investment income and alimony in an Illinois divorce
Alimony

Income Producing Assets And Maintenance In An Illinois Divorce

Warren Buffett once said, “If you don’t find a way to make money while you sleep, you will work until you die.” Many people have saved enough money, which subsequently makes enough money to maintain themselves…and then they get divorced. The money divided is often enough to live off as well (or at least pay

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Foreign bank accounts in an Illinois divorce
Discovery

How To Find And Divide Overseas Bank Accounts In An Illinois Divorce

When a party to an Illinois divorce has an overseas bank account, that account must be disclosed and, if found to be marital property, equitably distributed by the court. If the overseas account is not disclosed, Illinois divorce courts possess limited powers to investigate bank accounts in other countries. In an Illinois divorce, locating and

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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

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Deeds and divorce in Illinois
Illinois Law

Quit Claim Deeds And Divorce In Illinois

When two people are married and buy real estate, there are incredible incentives to hold the property jointly. Jointly held property has the right of survivorship. If one spouse dies, the entire property passes to the other spouse without the hassle of probate court. “[A]n intrinsic feature of joint tenancy is the right of survivorship,

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