Vernon Hills Illinois Family Law Blog

Legal changes over the past years have affected the way spousal support or maintenance is calculated in Illinois. Maintenance, once known as alimony, is a post-divorce payment from one spouse to the other to help provide a financial equalizer, especially when there is a significant earning disparity between the parties. Before 2015, maintenance payments were awarded at the discretion of the court, taking into account a range of factors such as each party's income and property, their respective earning capacities and the length of the marriage.

While the basis for this model was sound, it often resulted in widely disparate decisions from one case to another. Therefore, the Illinois legislature revised the laws relating to spousal maintenance for couples earning $250,000 each year or less by determining a formula for spousal maintenance that applies to these couples. In 2018, that was expanded to encompass couples earning $500,000 or less each year.

There are a number of reasons why people in Illinois may decide to end their marriage, but some are more common than others. One study examined people who had participated in a premarital communication program but later divorced; they were asked about the reasons for their divorce 14 years after their original involvement with the program. The study aimed to understand what kinds of issues contributed most to their decision to separate.

The vaguest answer was also the most common, as 75 percent of respondents cited a lack of commitment as a reason for their divorce. There were many reasons that contributed to that feeling, including a loss of romantic or sexual attraction. Some couples grew apart over the years, while others may have married more due to social pressure than true desire. Another 59 percent of respondents said that infidelity was a major factor in their decision to divorce. Even when people already had a poor marriage, physical cheating was often the last step toward separation. In some cases, the affair itself was the primary issue while in other cases it reflected a broken relationship.

Illinois couples who are going through divorces and who have minor children need to recognize that courts are changing how they view the roles of both parents. In the past, women were normally given primary custody of their children while the men were left with limited visitation. Now, however, courts are recognizing the importance of both parents and providing men with more time with their children.

Parents will need to continue to get along for the benefit of the children. Children should never be involved in their parents' disputes with each other, and the parents should refrain from talking badly about the other parent in front of their children or to them.

Many couples embrace their role as “pet parents” with the family dog or cat. However, the dynamic can be complicated when the pet parents decide to break up – especially after walking down the aisle.

What can couples do to prevent a messy divorce and keep their furry friend in their life? Couples could agree to draft a prenuptial agreement before getting married, which includes arrangements on pet custody. Or they may have to go through a division in time with the pet after divorce proceedings begin.