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Property Division Archives

Property division may be complicated without an attorney

Illinois residents who are contemplating divorce have a lot to think about. One of the main considerations to make is in regard to property division. Depending on the couple's finances, this may be complex. Fortunately, divorce attorneys can help individuals determine how best to divide assets fairly.

Property division may be easier with a prenuptial agreement

Several years ago, the idea of signing a prenuptial agreement may have been seen as unromantic and viewed as a lack of trust between partners. However, many couples in Illinois and around the country are now choosing to have these agreements created. Couples, particularly those in the millennial generation, are finding that there could be many reasons to secure their individual finances to make property division easier in the event of a divorce.

A prenuptial agreement could aid in future property division

Illinois couples looking to get married are likely focused on planning wedding details, such as vows, menus and venues. However, doing some financial planning before the big day could be beneficial as well. Creating a prenuptial agreement before a marriage takes place could save couples from future struggles with property division should a divorce ever occur.

Divorcing near retirement age could affect property division

It is very unlikely that most couples ever plan for divorce. However, even though most envision spending the rest of their lives with their spouse, many factors may lead to extreme changes. Those divorcing at or near retirement age may face obstacles related to their retirement plans and other property division challenges. An experienced Illinois divorce attorney may be able to help those facing these difficulties.

Couples must consider many factors with property division

Illinois couples who are considering divorce may find themselves facing not only an emotional burden, but a financial one as well. Luckily, they may be able to ease this concern by sorting out their property division in the early stages. Consulting an attorney could help couples figure out the best way to do so.

How can bank accounts be protected in a divorce?

If you have a bank account and are going through a divorce in Illinois, you likely wonder if you are going to have to give your spouse part of that account. In general, the answer is you will have to split it, but there are some different factors that will determine this. In some cases, you may not have to split your account or share it at all with your spouse.

QDROs for spousal or child support

When a divorce becomes imminent, many people in Illinois begin to experience concerns about the financial impact that a divorce might have on their lives. This is understandable as there is no real way to split assets without losing something. Additionally, it is generally more expensive for people to live alone than as part of a married couple. Everything from daily living expenses to insurance costs may go up. Beyond that, the need to pay spousal support or child support can take an even bigger bite out of someone's monthly budget.

Who gets the pets in a divorce?

If you are getting a divorce in Illinois and you own pets, you may be wondering what will happen to them. According to Forbes, the bottom line when it comes to the law is that pets are considered property. As property, they are distributed the same as any other asset you and your spouse own. Obviously, though, there are additional considerations because dogs and cats are living beings that require care and cannot usually be sold to split the money.

Property division and taxes

As with any other situation involving money or assets, there are tax implications when property is divided during a divorce in Illinois. As property changes hands or income is increased or decreased, each spouse may have to adjust his and her tax obligations.

Classifying property in an Illinois divorce

If you are getting a divorce in Illinois, then it is a good idea to become familiar with the state’s property division laws. At Lois Kulinsky & Associates, LTD, we understand that it can be difficult to understand the difference between marital and non-marital property. However, understanding how the laws defines each type of property is essential when navigating your divorce.