The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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Yorkville divorce attorney spousal support order

When you see divorces take place in movies or TV shows, they only seem to take a day or two to complete. In reality, getting a divorce could take months or even years, depending on the circumstances of your specific situation. The divorce process can be rather tolling, both emotionally and financially. For some, it can feel like a burden has been lifted once the judge approves the divorce agreement and signs the decree. However, this does not mean that you will never have to look at this piece of paper again, especially if you have a child together or you get remarried. Your divorce agreement will also contain information about your child support terms and about spousal maintenance terms if you have them.

How Will Remarriage Affect Spousal Maintenance?

According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), a person is no longer obligated to pay spousal maintenance payments if the person receiving the payments gets remarried or moves in with another person on a continuing and conjugal basis. As per the IMDMA, that person must also notify the paying party within 30 days or at least 72 hours of the intended marriage or cohabitation, the date of which the support obligation ends. The court can order the receiving party to reimburse the paying party if it was found that advance notice was not given or overpayment was made. On the other hand, if the person making the maintenance payments moves in with a significant other or remarries, the maintenance payments would not stop.

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Posted on in Prenuptial Agreement

prenupPlanning a wedding requires a great deal of organization and patience. You probably have a checklist of items that you need to get done before the big day, which may or may not include finalizing your prenuptial agreement. If you and your fiance have chosen to create and sign a prenuptial agreement, you will soon figure out that it comes with its own checklist of things to consider, which can become overwhelming when you are trying to plan a wedding. Having a solid prenuptial agreement that has examined all of the necessary factors is important to the successful implementation of the agreement in the event that you do get divorced.

Premarital Assets and Debts

Things that you bring into the marriage - whether they are assets or debts - are considered premarital assets and debts and are typically not subject to division during a divorce. In order to safeguard that property, putting it into the prenuptial agreement is a good idea. You can also stipulate what happens to the property if it is used to purchase other things during the marriage.

Marital Property

This is all assets and debts that you and your spouse accumulate during the time you are married. You can choose to either stick with Illinois law, which is to divide the property equitably in the event of a divorce, or you can create your own arrangement. You can go so far as to stipulate what specific items you will keep and what items you will give up.

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change your beneficiaries, divorce, Illinois Divorce AttorneyAfter months of negotiation and a seemingly endless wait for the court, you finally have been granted your divorce. Your divorce decree most likely represents an opportunity to start fresh and to pursue a happy life, following a less than ideal marriage. In the days and weeks following your divorce, you will probably have a list of details to address such as possibly changing your name—if you changed it when you married—or opening new, individual accounts. One of the most important things you will need to do—and one that is frequently overlooked—is to change your beneficiaries on existing investment plans, life insurance policies, and estate planning documents like wills and trusts.

Binding Contracts

When you created your retirement account or purchased your life insurance policy, you were probably asked to designate beneficiaries. For a retirement plan, your plan administrator keeps beneficiary information on file will disburse your investments to those individuals in the event of your death.  Similarly, the whole purpose of your life insurance policy is to pay benefits to your designated beneficiaries when you die. These agreements are binding contracts which are not necessarily broken by the existence of a divorce decree.

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relationship, Illinois law, Illinois family lawyerIf you are currently working through a divorce or plan to file for divorce in the near future, do not rush into a new relationship. Being in a new relationship while your divorce is still being finalized can have a negative impact on your settlement and resulting arrangements, such as your child support and custody agreements. It is important that you understand how dating somebody new can affect your divorce and, if you do opt to begin seeing somebody before the process is complete, that you take it slowly and do not do anything to jeopardize your divorce agreement.

Child Custody

If a new partner moves into your home or you frequently have sexual or romantic partners coming in and out of your house, this can negatively affect your child custody agreement. The court may find that exposure to your new partner is not in your child's best interest, especially if your new partner's relationship with your child is poor, your partner uses drugs, or has a criminal record.

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The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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