Aside from child custody concern, spousal support is often among the most contentious issues in Illinois divorce cases. Unlike child support, which is subject to rigid state guidelines, judges have wider latitude to determine alimony or spousal support. The goal of spousal support is not to “punish” anyone, but to ensure the recipient spouse is not at a serious financial disadvantage once the divorce is final.

McHenry Court Considers $400,000 Per Month Alimony Request

Spousal support is exponentially more complicated when dealing with a high-asset divorce. Among other factors, the judge must take into account the couple's “standard of living” at the time of the divorce, as well as each spouse's current and future earning capacity. Put another way, the alimony award for a stay-at-home spouse married to a multi-millionaire may differ significantly from that of a working spouse who already has significant income.

A divorce involves a number of technical legal issues. One of the first questions you may have is: "Where should I actually file for divorce?" In some cases, the answer may seem obvious, but if you and your spouse are already living apart–and in different states–then the matter is a bit more complicated.

The Importance of Jurisdiction

Not all courts are the same. The law determines what types of cases a particular court may decide. This is known as jurisdiction. If a court lacks jurisdiction, it cannot hear the case.

Retailers often consider the holiday season–late November through the end of December–as their peak season. But once Christmas and New Year's end, does that signal the start of peak divorce season? A recent study published by a major university suggests it just might.

Sociologists Identify “Twin Peaks” in March and August

Last August, sociologists at the University of Washington presented the findings of a comprehensive survey of 14 years worth of divorce data from Washington State. Specifically, the researchers examined divorce filings from 37 of Washington's 39 counties during the period from 2001 to 2015. What they found was there were consistently two “peaks” in divorce filings each year: one in March and the second in August.

Illinois courts currently determine child support payments based on the non-custodial parent's net income. A person's “net income” means all income less statutorily specified deductions. A common deduction is for state and federal income taxes, which are generally withheld by the employer and paid directly to the government.

Of course, many of us end up receiving a tax refund each year because our employer withholds more than the final tax due. Is this refund therefore considered part of a person's net income for purposes of child support? The short answer is yes, but the long answer is more complicated depending on the specific circumstances.

Court Finds Refund Not an Attempt to “Game” System

There are dozens of details surrounding a divorce. One that may get overlooked is estate planning. Most couples have previously signed wills, powers of attorney, and advances directives for health care naming the other spouse as their agent. Once a divorce is final, however, these documents may no longer reflect each party’s wishes.

Wills

When it comes to estate planning after divorce, Illinois law actually provides some assistance. If you executed a will prior to divorce that named your then-spouse as executor or a beneficiary of your estate, any such provision is automatically revoked once the divorce is final. The rest of your will remains intact; only those provisions affecting your former spouse are invalidated.