The sweeping new tax law that President Trump signed in December of last year may significantly affect those who pay alimony or spousal maintenance in the future. One provision of the tax plan eliminates the 75-year-old tax deduction for maintenance payments. More than 800,000 couples get divorced each year, and in many of those cases, one spouse is required to pay some sort of spousal maintenance. Interestingly, some divorce attorneys are noticing an increase in divorce filings that may be due to couples wanting to finalize their divorce before the new alimony provision takes effect in 2019. Any divorce that finalizes on or after January 1, 2019 will be subject to the new law.

Tax Plan Eliminates Alimony Tax Deduction

Under the current tax laws, those who pay spousal maintenance are usually able to deduct those payments from their taxes. Right now, every dollar which a person pays in maintenance payments reduces the payer’s taxable income by the same amount. However, the new tax law will disallow divorcees from deducting spousal maintenance payments. Those who finalize their divorce in 2018 before the new plan takes place will get to deduct their spousal maintenance payments for the entire duration of their payment order. Some are concerned that the elimination of the deduction will increase the financial strain of paying maintenance and deprive the lower-earning spouse of vital income.

Often times, when a married couple splits they go on to meet new people and might even get remarried eventually. Getting a divorce does not mean that a person is destined to be alone or should never date again. However, dating during or after a divorce can be tricky. If your divorce is not finalized and you meet a new romantic interest, when should you introduce him or her to your children? The answer to questions like these are not always absolute, but experts do have advice for those who have met someone new in the midst of a divorce.

Dating During Divorce Can Affect Court Decisions

There are a few instances when a person might still be technically married but has a new romantic partner. Some marriages are over long before they are legally dissolved, and the spouses may physically separate while the divorce process continues. However, when a divorce is in progress, dating during this time can indirectly affect some decisions made by the court. For example, if your new partner has a criminal record or has been accused of child abuse, the court may limit or place stipulations on your parenting time. Depending the specific circumstances, a judge presiding over a divorce has the authority to take new romantic partners into consideration when making decisions about child custody, spousal support (alimony), and parenting time/visitation.

The period around the winter holidays is a time when many hopeful romantics get engaged. Whether it is on Christmas, New Year’s Day, Valentine’s Day, or any other time of the year, getting engaged to be married is a time of hope and excitement. If you have decided that you want to sign a prenuptial agreement with your future spouse before tying the knot, you may be unsure of how to bring up the conversation. Unfortunately, prenuptial agreements have gotten a bad reputation in the past. Stories about outrageous celebrity marriages which seem doomed to fail are often where many first hear the term. However, prenuptial agreements are a tool which can be valuable to anyone. You do not need to be rich or a celebrity to benefit from a prenup.

Benefits of a Prenup

A prenuptial agreement is a legally binding document which establishes the property and financial rights of each spouse in the event of a divorce. For example, a prenup can protect your family-owned business, ensure inheritance rights for children of a previous marriage, prevent one spouse from acquiring the debt of another, protect each spouse’s financial interests, and more.

Sometimes, when divorce is imminent, one spouse may attempt to serve the papers on the other only to find that he or she cannot be found. This can present a problem, as Illinois law requires that a spouse at least make a good faith effort to serve the other before a divorce proceeding can continue, Ultimately, a divorce may proceed even if your spouse is unreachable, but it can cause problems in terms of child support and other legalities further down the road.

Alternate Means of Service

If your spouse cannot be located by conventional means, Illinois law permits what is referred to as service by publication. Service by publication occurs when a person places a notice in a newspaper or other publication in the county where the couple last lived or where the action is taking place for a period of at least three consecutive weeks. If the defendant fails to respond, it is assumed that they are either unable or unwilling to do so. Upon such a finding by court, the case may go forward.

Committing a crime is never a good choice, and in many cases, the penalties for doing so are severe. In addition to the jail time and the fines assessed for some offenses, if you are a parent, it may be a long time before you are able to see your children again. However, it is not an absolute that you will lose all rights to see them. Knowing your rights is critical.

Unfitness as a Parent

Parental rights are terminated if a parent is deemed to be unfit. Unfitness is a concept used by the state to determine whether or not a child’s best interests are served by remaining in the parent’s custody. There is no single definition of “unfit” in Illinois; rather, it is shown that a parent is unfit if or when they display certain characteristics or behavior patterns (or, conversely, fail to do so). For example, a parent may be declared unfit if they are incarcerated, but only if they have previously shown a pattern of disinterest or neglect regarding the child, or if they have been repeatedly incarcerated to the point where they are unable to perform parental duties.