Despite the beliefs of many, spousal support—also called maintenance—is not a given in Illinois divorce cases. It must be shown affirmatively why such payments would be necessary, with all the attendant proof. It is also not to be confused with child support, which is a duty owed to the child, not the former spouse. The rationale by which many judges order spousal support may seem confusing, but it can be better understood if one examines the wider picture in a divorce context.

Multiple Factors Determine Awards

The relevant statute on spousal support in Illinois states that it may be awarded, without regard to marital misconduct, after the court has examined and weighed all the relevant factors as to whether or not an award is appropriate. Most of the time, if maintenance is granted, it is to remedy a deficiency in one spouse’s earnings or earning potential. For example, if one spouse was the primary breadwinner during the marriage, and the other stayed at home to raise the children, the homemaker spouse will be more likely to receive maintenance because he or she has been out of the workforce for years and may need to refresh their training or knowledge.

When you and your spouse decide to get a divorce, one of the main things on your minds will likely be property division. Your marital assets will be divided equitably—fairly, not necessarily equally. However, there are disputes very often about the larger assets, such as houses, cars and recreational vehicles. While each case is different, if you understand the law surrounding asset division, you may stand a better chance of retaining the assets you wish to keep.

The Marital Home

The biggest asset for many is the marital home. Some couples simply agree as to its disposition; others fight bitterly. There are many different ways that you may be able to decide who gets the house or how to divide the equity in the home. One is referred to as ‘deferred distribution,’ where the home is held by one spouse until a significant event occurs—for example, any minor children reaching adulthood—and only then is sold. This can be advantageous, especially if you have children, because they still get to grow up in the place they know as their family home.

Many U.S. citizens choose military careers, to make a difference or to get out and see the world. However, this does affect some aspects of civilian life, including marriage and divorce—the latter in particular, especially when children and issues of parenting time are involved. Going through a divorce from a military servicemember, especially if they are on active duty at the time of proceedings, can be a complex process. It can be extremely advantageous to have knowledgeable legal representation on your side.

Timing Matters

While most civilians can simply be brought to court anytime papers are served on them, military personnel are more likely to in different situations, especially if they are serving actively abroad. It is generally possible to serve military personnel with divorce papers or any other kind of legal document, but because they likely may not be able to present themselves physically within the relevant jurisdiction, they are afforded certain legal protections that must be honored. The Servicemembers’ Civil Relief Act (SCRA) permits that even with service being appropriate in all respects, a hearing on the matter may be suspended for up to the servicemember’s entire tour of duty plus 60 days.

In most cases, parents are able to keep the best interests of their children at heart. However, in the situations where parents may struggle to do, children still need someone who will put them first. Nowhere is this more important than during court proceedings. A guardian ad litem can speak up for a child or children’s interest, independent of parental pressure, and work toward the goal of giving the child the best life possible.

What a Guardian ad Litem Is and Is Not

Colloquially, the term “guardian ad litem” (GAL) is often used to describe people and positions that do not actually fit the definition. Some believe that a GAL is a sort of attorney-at-large, answerable to all parties and the court. Others think a GAL is only necessary if the possibility of someone losing their parental rights is a possibility. It is perhaps understandable that they are not well known, given GALs are used most often during child custody proceedings, but one must understand what a GAL actually does—considering that his or her role will involve your children.

Most people do not think about retirement benefits or accounts until they need to do so. Young people and couples may briefly mention such things in a prenuptial agreement or other type of discussion before or during their marriage, but too often, retirement is just something to think about in the future. The exception to that rule is during a divorce, as retirement savings and benefits are some of the most commonly disputed assets between spouses. It is extremely important that you understand what you are entitled to receive, if anything at all.

401(k) Accounts

If you have been at the same job for an extended period of time, there is a good chance you are enrolled in either a 401(k) account or an IRA (Individual Retirement Account). Such accounts are generally held to be marital assets (even if they only have one name on them) because, in most cases, they are either acquired or appreciate in value during the marriage. Dividing these accounts during a divorce can be somewhat complex because the rules differ significantly between states. 401(k)s, however, are governed by federal law—the Employee Retirement Income Security Act, or ERISA. Thus, the same procedure applies everywhere.