A common issue in high asset and complex divorces is one spouse's right to share in the business interests developed and owned by the other spouse. These issues may be complicated if the parties had a longstanding relationship that existed prior to marriage. Unfortunately for the less-wealthy spouse, Illinois courts generally do not take such nonmarital time into account when awarding property and spousal support in a divorce proceeding.

Court Affirms Different Rules for Opposite-Sex, Same-Sex Couples

A recent Illinois appeals court decision illustrates the uphill climb many estranged spouses face. This case involves a husband and wife who were only married for seven months but had a prior 13-year relationship. The husband owned several fast-food franchises and acquired a number of other significant assets over the years, including “multiple homes and motor vehicles.” The wife, in contrast, had “modest” financial resources, according to court records.

With the passage of the Religious Freedom Protection and Civil Union Act in 2011, Illinois moved away from having most of the benefits or rights of marriage available to only traditional married couples. Also known as the Civil Union Act, the short law confers “all the rights, interests, benefits, and burdens” available to married spouses to individuals in analogous circumstances. The statute, however, does this without mention of gender or marital status. What does this mean? Simply put, it puts civil unions on equal footing with marriage from a legal standpoint in the state of Illinois, regardless of gender. Such a law is critical to allowing for couples that may not fall under the traditional definition of marriage to receive equal treatment under the law.

But What about Cohabitation?

There is, however, the question regarding cohabitation. Cohabitating couples are those who are not in a civil union or marriage, but live together and are using an agreement to govern their relationship so that they may enjoy the same rights available to civil unions and marriages. Illinois is one of a few states that does not completely recognize cohabitation agreements. The courts have not revisited the issue since the passage of the Civil Union Act, but various rights granted under the Act to civil unions have been individually challenged in cohabitation agreements.