Whether alimony will impact your tax return depends on when your divorce was finalized. Federal law recently made major changes to the tax treatment of alimony payments after an Illinois divorce. Illinois also made dramatic amendments to alimony law around the same time. Alimony paid pursuant to a recently finalized divorce will not be tax-deductible for the payor, nor will the receiving spouse need to pay income tax on it. 

The Tax Cut and Jobs Act of 2017 Changed Tax Treatment

Prior to 2019, the paying spouse was able to take a tax deduction for any alimony paid, enabling them to recoup some of the money that they paid in spousal support. Now, the TCJA made changes to federal law. Now, the receiving spouse does not have to treat alimony as income for income tax purposes. The paying spouse is no longer able to take a tax deduction. Still, a court would consider the spouse’s ability to pay alimony in light of the changes in federal law. If a divorce was finalized before January 1, 2019, alimony is still deductible for the payor and taxable for the recipient.

Illinois Alimony Law Also Changed in 2019

Illinois made similar changes to its own laws around the same time. Now, courts will look at the paying spouse’s net income after tax, as opposed to gross income before tax, in calculating the amount of payment. Illinois courts also use a new formula to calculate alimony payments. The same law also changed Illinois tax laws to exclude alimony from the definition of income and to make the payments no longer tax-deductible. Similar to federal law, the old Illinois rules apply to divorces that were finalized before the new law took effect. 

More future spouses are turning to prenuptial agreements these days, as people realize the many benefits of this document. You and your future spouse need to start the conversation someplace, and it is not always an easy talk to have. How you raise the topic could influence whether your future spouse is willing to consider it. An Illinois prenuptial agreements lawyer can help you prepare and plan for this discussion and the agreement process. 

Explain the Benefits of a Prenuptial Agreement

Human nature is that a person needs to see how something is in their own self-interest. There are obvious reasons why you would want a prenuptial agreement, but you need to explain why the other person should want one too. For example, it can assure the other spouse a certain amount of property in the event of the divorce.

Choose the Right Time to Have the Discussion

A prenuptial agreement is a serious matter. You and your future partner are entering into a contractual agreement that should be enforced if and when it is necessary. Both people need to be in the right frame of mind to have this discussion. If your partner is under stress, or they are dealing with other serious things, it may be better to wait to have the conversation. 

In some cases, your ex-spouse may have filed for and received a restraining order against you. The order may require that you remain a certain distance or refrain from contact with your ex-spouse. You may be wondering whether a restraining order will keep you from visitation with your children. A Wheaton child custody attorney can give you advice, which will depend on the specifics of your situation. 

The Best Interests of Your Children

If you have been accused of domestic violence, the court may make a separate determination about whether you would pose a danger to your children. Above all, the court wants to provide a safe environment for your children. They will also weigh the importance of your relationship with them when they determine the best interests of the children. The considerations could be different when the court believes that the children may be harmed.

Supervised Visitation with the Children

Still, there are options that could still allow you to spend time with your children, even when there is a restraining order. The court could allow for supervised visitation with your children, until the domestic violence accusations are resolved, or the court decides that you do not pose a danger to the children. Here, you would meet at a neutral facility with a state-appointed supervisor present. Although it may not be what you want, you would still get visitation. 

Divorce is a complicated affair and often involves addressing a range of emotional and financial concerns, including alimony, also known as spousal maintenance or spousal support. Alimony is one of the most contentious issues during divorce since a spouse may be unwilling and unhappy about making payments to their ex-husband or ex-wife. However, there are several situations where alimony is necessary, and divorcing couples need to understand how alimony laws apply to their specific case.

Who Can Recieve Alimony? 

Divorcing spouses can negotiate the terms of alimony and reach their own agreement regarding the duration and amount of alimony to be paid. Alternatively, a spouse can petition the court for a sposual maintenance award. If the decision is left up to the court, the court will consider the following factors when deciding whether alimony is appropriate in a divorce case: 

• The age and the physical and emotional condition of the receiving spouse

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According to Illinois law, biological fathers are not automatically considered legal fathers of their children if they are not married or in a civil legal union at the time of the child’s birth. This is the case even if both parents live together or plan to marry. In other words, a father will not have grounds to pursue custody until he establishes paternity. 

If you wish to establish paternity in DuPage County, Illinois, here are some ways you can do so:

Acknowledgment of Paternity 

If both parents agree on the biological father's identity, they can sign a Voluntary Acknowledgment of Paternity (VAP) form. This can be done right after the birth of a child at the hospital so that the father’s name can be added to the birth certificate after the form is filed through the DHFS.