Posted on May 11, 2016 in Divorce

Over the last decade, the divorce rate for those over the age of 50 has more than doubled. The trend is spurred, in part, by the longer, healthier lives that many adults are living today. However, societal shifts and marital changes that come about after the children have left the nest are also thought to be contributing factors. Whatever the reasons, there is an important warning that "gray" divorcees should heed before filing the paperwork: prepare and plan because the financial impact of a later-life divorce could lead to poverty.

Retirement, Age, and Lack of Resources a Major Problem

Most couples-including those that divorce later in life-split assets and financial resources during the divorce process, and this extends to retirement assets, such as 401K plans and nest eggs that a couple may have spent years building. Designed to work for both parties when they stay together, that splitting of resources can have a significant impact on how one or both individuals live once the divorce is over. This is especially true if one or both have already reached the age of retirement and are unable to return to the workforce.

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 Posted on May 09, 2016 in Alimony

Under Illinois law, you can modify or terminate your maintenance obligation only upon a showing of a substantial change in circumstances. Additionally, the court must consider a number of different factors in determination as to whether a modification or termination of maintenance is appropriate in your case. There also a few situations in which a maintenance obligation automatically terminates without a showing of a substantial change in circumstances.

Factors to Consider in Changing or Terminating Maintenance

A court that is considering a party's request to change or terminate maintenance is required to take into account a series of factors in making its decision. These factors include the following:

• Any change in a party's employment status and whether the change was made in good faith;
• The reasonableness of the efforts of the party receiving maintenance to become self-sufficient;
• Any impairment in a party's current or future earning capacity;

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 Posted on May 09, 2016 in Hidden Assets

Divorce is never easy, but those that are considered "high net worth divorces" can be especially tricky. Stakes are higher, arguments may be explosive, and feelings of animosity or vengefulness may pave the way for dishonesty in asset disclosure. This can be especially disastrous when one party holds all of the cards (or the assets) and decides that their soon-to-be ex-spouse should not receive his or her fair share.

Hidden Assets Common in Marriage and Divorce

Information from the National Endowment for Financial Education shows that approximately 31 percent of all adults with combined assets admit to being deceptive about money. A total of 58 percent say they have hidden cash from their partner or spouse. Additionally, a CreditCards.com study found that one in 20 married respondents kept an account or credit card from their spouse (approximately 13 million Americans).

Uncovering Hidden Assets

Technology has played a huge role in uncovering those assets because technology itself is often used to hide assets in the first place. Unfortunately, even that has its limitations. For example, hacking into your spouse's bank account is illegal and considered fraudulent-but so is hiding assets in divorce. Thankfully, the information recently uncovered in the Panama Papers has divulged some of the most commonly used asset-hiding techniques.

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 Posted on May 04, 2016 in Family Law

While there is certainly more to a person than his or her biological history and make-up, this valuable information can help an individual and his or her doctor determine if or when a health condition may come up. Unfortunately, when it comes to adoption, the information obtained or released can vary greatly from one agency to the next. This can potentially have a negative impact on an adoptee, even as he or she becomes an adult. A new bill seeks to change that by giving adoptees and their adoptive parents more access to important and relevant information.

Provided Information Varies

While most agencies may attempt to collect important information on a child's biological parents, such as race, ethnicity, age, and the existence of medical or mental health issues, there are no regulations in place that determine how much of that information they should release. Furthermore, there are no regulations that determine just how much information the adoption agency should collect prior to placement. This can leave gaping holes in the child's medical and mental health history-some of which could be detrimental to the child's health.

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 Posted on May 02, 2016 in Divorce

Divorce is emotionally and mentally draining, but it can also be a massive hit to your financial well-being. Sometimes, the blow can be so catastrophic that it can lead to complete poverty, either immediately after the divorce or later in life. Matters are further complicated when one or both parties make some of the most common financial missteps in divorce asset division. As such, it is important that you understand how to best handle the financial aspects of your divorce, and how you can best prepare for the aftermath.

Mistake #1: Not Investigating Money Matters

According to a 2014 National Endowment for Financial Education survey, 15 percent of consumers have a hidden bank account. Another 14 percent admitted to lying to their spouse about how much they earned. What these two statistics should tell you is that you should never assume you know everything about your marital assets, and everything should be investigated. Moreover, you should speak with an attorney and a financial advisor to help determine which assets are considered marital property and which are considered separate under Illinois state law.

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 Posted on April 25, 2016 in Child Custody

As a married couple, you and your spouse might not have given much thought to if or when it would be appropriate to leave your child at home. Maybe your schedules worked in a way that at least one of you would always be home. Or, maybe you simply had enough to cover child care expenses. However, as a newly single parent, these former practices might not be available anymore. As such, you may be faced with wondering if your mature but minor child can be left at home after school or during summer break until you make it home. Know where the law stands and how it might apply to your child custody case.

Home Alone Age Restrictions in Illinois

Out of approximately 20 states with laws regarding the age at which a child may be left at home alone, Illinois' is the strictest. It states that any minor child under the age of 14 left home without supervision for an "unreasonable amount of time" may be taken into state protective custody for his or her safety. However, there is no statute that clearly defines what amount of time that may be. Instead, it only gives a non-exhaustive list of 15 points for the court to consider, which is only done after a child is removed from the home.

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 Posted on April 21, 2016 in Child Custody

Recently, the Journal Star reported that the number of Illinois parents choosing to homeschool is increasing. The reasons are varied, as are the methods, but sentiment is usually the same: parents who choose to homeschool feel they are best suited to meet their children's educational needs. However, what happens if that couple decides to divorce and, during the process, one parent decides that homeschooling is no longer the best educational path for their children? Who gets to decide?

Illinois Homeschooling Laws

The state of Illinois is considered a "free state," which essentially means that homeschooled families have the power to choose what their child's education will look like. There are no set times or days, curriculum and materials or mediums can be selected by the parent, and there is essentially no state intervention. The only real stipulation is that the child must be provided with an education that includes the same core subjects as public schools-language arts, biological and physical sciences, mathematics, physical development and health, fine arts, and social sciences. These subjects must be taught by a competent parent in the English language.

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 Posted on April 18, 2016 in Divorce

While every divorce is different, there are common mistakes that many couples make. Sadly, these very same blunders can lead to an unfavorable outcome and, in some instances, may cost you more than either party had ever bargained. Know what they are and how you can best avoid them during your divorce.

Assuming That All Advice is Helpful Advice

Friends and family might mean well, but they are not divorce attorneys or judges. As such, you should be wary of following any advice they give you. Instead, you should direct all questions and concerns to a qualified divorce attorney (one that you hopefully attain to represent you during your case). It also never hurts to ask a second opinion if you fear an attorney may be steering you in the wrong direction.

Not Planning for Life After the Divorce

Stress and the financial impact of a divorce often makes even the savviest of individuals a little short-term-minded. Unfortunately, such a mistake can be detrimental to your future financial well-being. As such, it is critical that you take the time to create a financial plan. If necessary, or if you simply cannot focus long enough or well enough to create it yourself, find an accountant or financial advisor to help.

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 Posted on April 13, 2016 in Divorce

Couples do not get married with the intent of eventually filing for divorce, yet it happens to approximately 2,000 couples per year. A psychologist at the University of Washington and founder of the Gottman Institute says he and a colleague at the University of California at Berkeley can predict which ones it might happen to with an accuracy of about 93 percent. They reportedly did so by identifying four behaviors commonly found in the relationships of divorcing couples.

Contempt

Deemed the "kiss of death" by the study authors, contempt is a mixture of anger and disgust that goes well beyond that of frustration or negativity; you literally see your partner as beneath you, rather than your equal, and this can lead to all kinds of problems. Instead of feeling compassion or empathy when your partner makes a mistake, you close yourself off and consider yourself smarter, more sensitive than, or just outright better than your partner. And, because you have already decided that your spouse's opinions and feelings are not valid, you are highly unlikely to even attempt to see matters from his or her point of view.

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 Posted on April 11, 2016 in Divorce

The divorce process is not an easy one; all-encompassing and emotionally draining, it can upheave almost every aspect of the lives of all involved. However, changes do not end simply because the divorce is finalized. In fact, there are quite a few critical alterations that must be made shortly after, preferably as soon as the ink on the decree is dry. Failure to do so can have a significant impact on your future and the future of your children. Avoid this all too common pitfall by knowing what you should change (and why) immediately after your divorce.

Life Insurance Policies and Retirement Accounts

In most circumstances, spouses are listed as the primary beneficiary on life insurance policies and retirement accounts. This remains in effect until you actually make changes. In other words, if you fail to update this document and end up passing away, your ex-spouse will be the one to receive your benefits, not the beneficiaries you may have intended. Note, however, that all changes should reflect the terms outlined in your divorce.

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