Category: Property Division

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

The difference between a motion to enforce and a motion to modify in Illinois
Child Support

A Motion To Enforce Vs. A Motion To Modify In An Illinois Divorce

After a divorce is final, the parties are bound to the terms of the final orders. If one party fails to honor the order, the other party may file a motion to enforce the order as written. “A judgment of dissolution or of legal separation or of declaration of invalidity of marriage may be enforced…by

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Carried interest and hedge funds in an Illinois divorce
Property Division

Hedge Funds And Profits Interest In An Illinois Divorce

The term “hedge fund” implies an elite financial institution. In reality, there are more hedge funds than there are Burger Kings. A hedge fund is “a specialized investment group usually organized as a limited partnership.” Black’s Law Dictionary (11th ed. 2019) The operators of hedge funds claim to be able to see into the future with

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Finding an old marital asset after a divorce is final in Illinois
Drafting Considerations

Finders Keepers Clauses In An Illinois Marital Settlement Agreement

Even the best Marital Settlement Agreement will leave a divorced spouse wondering “was there something missing?” To temper that doubt, good divorce attorneys put a “finders keepers clause” in their Marital Settlement Agreements. A finders keepers clause specifies how hidden assets will be divided if the hidden assets are eventually found. Why Does A Marital

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When a spouse gets you fired in Illinois
Maintenance

When An Ex-Spouse Interferes With Your Employment In Illinois

The people that know you best are also the people that can hurt you the most. While abusive behavior between divorced parties is common, divorced people can do things even more insidious and sinister to harm their ex-spouses: they can mess with their job, money or other means of maintaining themselves When someone does something

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Franchise Business and divorce in Illinois
Marital Property

Franchise Businesses In An Illinois Divorce

Whether it is McDonald’s, Jiffy Lubes or Verizon stores, Americans love a trusted brand. All of us enjoy the promise of consistent quality a branded business provides…even if we have never used that particular location before. Small business people become franchisees of these brands to happily enjoy the goodwill of the brands. The use of

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Collecting Illinois child support and maintenance in Florida
Alimony

Enforcing An Illinois Divorce Judgment In Florida

People from Illinois love to move to Florida. People who get divorced love to get a fresh start in Florida. These new Florida residents might have some obligations back in Illinois due to their Illinois divorce. How do you enforce an Illinois divorce judgment when the other party is now in Florida? How do you

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Who gets the art in an Illinois divorce?
Marital Property

Valuing And Dividing Art In An Illinois Divorce

They say you should marry someone who you share common interests with. Those interests may be religion, sports, theater or just sex. Unfortunately, you cannot take any of these interests home and put them on the wall to show your friends. Art is one interest that you can enjoy, you can buy…and you can even

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Ex-spouses as silent partners after an Illinois divorce.
Property Division

Holding A Business In Trust After An Illinois Divorce

When someone gets married and then starts a business, their spouse truly believed in both them and the business. A spouse may even believe in them and the business after the divorce. A divorced spouse may even choose to be a silent partner in the business after the divorce. If the business continues to expand,

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Protecting a 401(k) plan in an Illinois divorce
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 funds are withdrawn

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Saving in a 401(k) during an Illinois divorce
Marital Property

Should I Stop Contributing To My 401(k) During My Illinois Divorce?

After divorcing thousands of people and seeing their finances during the process, I can tell you that the average American has two main assets: 1) Their house and 2) Their 401(k). Houses and 401(k)s are the two main assets that get divided in the average Illinois divorce. A house’s value is never truly known until

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