A common issue in military divorces is determining the non-military spouse's share of any pension benefits. For example, members of the armed services participate in a survivorship benefit plan. Under federal law, former spouses are not entitled to a survivor benefit unless the military spouse makes a voluntary designation of benefits or an Illinois court orders such a designation as part of a divorce decree.

Court Rejects Wife's Appeal Over Husband's Military Benefit

Military survivorship benefits are not divisible. This means that if a court orders a military spouse to name an ex-spouse as beneficiary, he or she cannot split the benefit with any future spouse. Survivorship benefits are therefore an “all-or-nothing proposition,” according to an Illinois appeals court that recently addressed such a case.

Although child custody is often the most contentious issue in an Illinois divorce, in some cases, it is a family business that causes the most headaches. When the divorcing spouses work together in the business, it can be especially difficult to amicably untangle the professional relationship. The spouses may not even be able to agree on fairly basic issues such as how much the business is worth.

Court Rules Husband Entitled to New Hearing on Business Worth

Here is a recent example. A married Illinois couple started a painting business. They incorporated the business with the wife having 51 percent ownership, with the husband controlling the remaining 49 percent. At the time divorce proceedings began, she was the corporation's president, and the husband served as chief financial officer.

If you are considering divorce mediation or anticipate being ordered to attend mediation during your divorce proceedings, you may have questions about exactly how mediation is structured. Your experienced divorce attorney in DuPage County can explain the entire mediation process and how it may impact your divorce.

How is a Divorce Mediator Chosen?

In Illinois, either the parties may select a court-approved mediator from a list provided by the court, or the judge can choose the mediator if the parties are not able to reach an agreement. In either situation, the mediator must be adequately trained and certified by the court.

Illinois is considered an equitable distribution state when it comes to dividing marital property. This means that the court is most concerned with making sure the division of property between ex-spouses is considered fair and just, not necessarily equal.

While splitting all of the marital property equally—as is done in community property states—may seem to be fair on its face, this method can actually disadvantage one party, depending on the details of the family's particular situation. Rather, the Illinois law requires the court to consider the whole picture when determining what is fair and decide property division on a case-by-case basis.

If you are going through a divorce in Illinois or are considering filing for divorce, it is important that you understand just how marital assets may be allocated. Your experienced DuPage County family law attorney with our firm can take a look at the marital assets and liabilities that you and your spouse maintain and make arguments and recommendations to the court regarding how the relevant factors ought to be interpreted given your specific circumstances.

Choosing the right mediator for your divorce mediation can be a crucial factor in whether your mediation is ultimately successful. If you are going through a divorce or considering mediation, your family law attorney in DuPage County can advise you regarding whether mediation could benefit your case, and what considerations are important when choosing a mediator.

Who Selects the Mediator?

Either the parties or the court can select your divorce mediator, and the choice may depend on whether the mediation is voluntary or court-ordered. It is also common for the court to give parties the opportunity to agree upon a mediator of their own choosing (from a list of court-approved mediators), and to only assign a particular mediator if the parties cannot reach an agreement.