Posted on June 08,2018 in Divorce

When considering marital assets that get divided during a divorce, most people think of houses, cars, bank accounts, and retirement accounts. However, there are actually many more assets that divorcing couples may have to figure out how to divide. Sometimes, these odd assets can be forgotten about when couples focus on more obvious and expensive assets, but taking care of the division of these assets early on can save a headache in the future.

Marital and Non-Marital Property

The first step in dividing any assets in a marriage is determining which assets can actually be divided. Anything deemed marital property is subject to division; anything deemed non-marital property is not. In the state of Illinois, the Marriage and Dissolution of Marriage Act dictates what is marital and non-marital property. Marital property is defined as any property, including debts or other obligations, that was acquired by either spouse during the marriage--anything else is non-marital property.

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 Posted on May 16,2018 in Divorce

Collaborative divorce has been around since the 1980s, and it has been practiced in Illinois since 2002. The Collaborative Process Act went into effect at the beginning of 2018, officially recognizing collaborative divorce as an option to couples who want to legally separate. The act breaks down guidelines for couples to follow when they decide to pursue the collaborative divorce model, such as signing a collaborative contract and retaining certified collaborative divorce attorneys.

What Is Collaborative Divorce?

The collaborative divorce process begins when the couple and their collaborative divorce attorneys sign a legally binding contract to agree to resolve their marital disputes outside of the courtroom. The point of collaborative divorce is to avoid litigation and keep control over assets, property, child custody agreements, spousal maintenance, or any other issue that may arise during the divorce process.

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 Posted on April 16,2018 in Illinois Divorce Attorney

The March 2018 issue of The Catalyst, the newsletter of the Illinois State Bar Association’s Standing Committee on Women and the Law, contained an article spotlighting Attorney Maxine Weiss Kunz, looking at her career, her background as a Chicagoland native, her personal life, and the story of how she founded Weiss-Kunz & Oliver, LLC.

This article highlights the passion and dedication that Maxine brings to her work in family law, as well as her achievements and the recognition she has received, including her selection as a 2018 Super Lawyer and as one of 40 Under 40 Attorneys to Watch by the American Society of Legal Advocates.

Along with her colleagues at Weiss-Kunz & Oliver, LLC, Maxine Weiss Kunz works to help clients achieve positive results in cases involving divorce, parentage, allocation of parental responsibilities and parenting time, child support, prenuptial and postnuptial agreements, and adoptions. She is also a certified mediator and collaborative lawyer, and she serves as a guardian ad litem who is appointed by courts to determine children’s best interests in family law cases.

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 Posted on March 12,2018 in Divorce

When married couples decide to get divorced, one spouse may be at a disadvantage, and the adjustment to living on a single income can result in difficulty making ends meet. However, according to Illinois law, when one spouse earns a substantially higher income than the other, they may be required to pay spousal maintenance (which is also called spousal support or alimony) to their former partner.

Maintenance allows a spouse to maintain a standard of living after their divorce that is similar to what they were used to during their marriage, and it can be especially helpful for spouses who decided to make sacrifices to their own career in favor of raising children or who helped their partner advance their career and increase their earning potential. However, spouses should be aware of some recent changes to Illinois’ divorce laws which affect maintenance awards.

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 Posted on February 08,2018 in Divorce

Alcohol and drug abuse are issues that affect millions of people across the United States, and substance abuse is often a factor in the breakdown of a marriage. Studies have shown that there are nearly 25 million people in the U.S. who are in a marriage in which a spouse is an alcoholic or drug addict, and around 7% of divorces are the result of substance abuse issues.

If your spouse has issues with substance abuse, you will likely want to do everything you can to help them receive the treatment they need and salvage your relationship. However, sometimes divorce may be the only option, especially if your and your children’s safety and financial security are at risk. If you are planning to divorce a substance-abusing spouse, you should be aware of the following concerns:

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 Posted on January 24,2018 in Spousal Maintenance/Alimony

Sweeping tax reform legislation was passed by the United States Congress in December 2017, with the Tax Cuts and Jobs Act representing the largest change to the federal tax code in the past three decades. The changes implemented in this bill will have an impact on people across the country in a wide variety of ways, and both individuals and organizations are still working to determine how they will be affected. One area of this bill that divorcing spouses should be aware of is a major change to how spousal support (alimony) will be taxed.

Taxes on Spousal Maintenance

When spouses divorce, one spouse may be required to pay maintenance to the other spouse, allowing them to maintain a lifestyle similar to what they enjoyed when they were married. This is usually the case when one spouse earns a higher income or when a spouse has chosen to devote their time and energy to the family rather than to further their career. Prior to the tax reform bill, the spouse paying maintenance would deduct the amount of these payments from their taxable income, and the spouse receiving maintenance would pay taxes on these payments.

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 Posted on December 20,2017 in Divorce

Divorce can be a complicated process, requiring some difficult decisions as couples work to separate the many aspects of their lives that have become intertwined over the course of their relationship. While making these decisions, disagreements often arise over issues such as the division of marital property and the allocation of parental responsibility, but if spouses are able to work together to reach a mutually beneficial outcome, they can avoid the costs and stress of litigation.

Many couples today are turning to methods of alternative dispute resolution to settle divorce matters, and one method that is becoming more popular is collaborative divorce (which is also sometimes called collaborative law). In August of 2017, the state of Illinois formally recognized collaborative divorce when Governor Bruce Rauner signed the Collaborative Process Act, which will take effect on January 1, 2018.

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 Posted on November 22,2017 in Child Custody

Choosing a religion for a child can be a contentious issue. This is especially true when the parents divorce or seek a court order for custody at an early age before a child has begun participating in religion.

However, a child’s religion can also come up as the child grows older and religion becomes more meaningful and demanding. For example, religious practices can interfere with parenting time and may also determine where a child will be schooled. A parent who practices the same religion as the child may request extra visitation for any number holy days, or sending a child to a religious camp may take away time from a parent.

Illinois Family Law on Religious Upbringing

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 Posted on October 25,2017 in Child Support

In July 2017, a revision to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) went into effect, completely redefining the way child support is calculated when parents divorce. Gone is the simple method of the past, in which the amount of support was based only on the income of the paying parent and the number of children being supported. Illinois now uses an “income sharing” model which considers the combined income of both parents and divides support between parents based on what percentage each parent contributes to the combined income.

Child Support in Cases of Shared Physical Care

When determining child support under the new law, courts will use tables provided by the Illinois Department of Healthcare and Family Services (HFS) to determine the amount that parents would have spent to support their children had they not divorced, then this amount will be divided between the parents based on each parent’s percentage share of their combined income. However, in cases of shared physical care, additional calculations are required to further divide the support obligation between the parents based on the amount of parenting time each parent has with their children.

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 Posted on September 20,2017 in Division of Assets

During divorce, both spouses have a right to equitable division of marital property. While this does not necessarily mean that everything will be split 50/50, each spouse is entitled to a fair and equitable portion of the assets that the couple own. However, divorcing spouses often try to hide assets from each other in hopes that they will not have to share monetary funds or other property with their spouse. This is especially common in cases of high net worth divorce.

If you suspect that your spouse may be concealing any money or property, you should look in the following places to find out whether there are any hidden assets:

1. Tax returns - You should obtain a complete copy of your joint tax return, which can help you get a full picture of your spouse’s income, any interest or dividends they earned, and the deductions they have taken. In some cases, a spouse may over-pay the taxes they owe, allowing them to receive a larger tax return after the divorce has been finalized.

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