After finalizing a divorce, many women who have taken their husband’s last name face the decision of whether they would like to change it back to their maiden name. Some women view this as another step in moving past their divorce, as it allows them to receive closure by shedding their husband’s name.

Other women develop more of an emotional attachment to the name. They may have had it for decades at this point, so they view it as their own, separate from any association it has with their ex-husband. The presence of children from the marriage can further complicate the question.

Divorces are an emotionally trying experience for children because the process can destabilize the kids’ lives. In some cases, a parental name change can exacerbate those issues. Fortunately, this decision does not need to be made immediately following the divorce, so people have time to weigh their options.

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With the rising incidence of gray divorce, the question of how divorce proceedings affect a person’s Social Security income is becoming more pressing. Many people wonder whether the courts will divide up Social Security benefits the way they divide up other retirement accounts.

In the alternative, people often ask about whether they can benefit from their ex-spouse’s work history record. This can be an especially important issue in cases where one spouse stopped working to take care of the home, while the other continued paying into Social Security.

Division of Social Security

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Although many marriage ceremonies include a vow to stay together in sickness and in health, new research reveals that serious illnesses can cause an increase in divorce rates among older couples.

A study from scientists at the Indiana University-Purdue University Indianapolis and the University of Michigan’s Institutes for Social Research reveals that not only can a major spousal illness lead to an increased risk of divorce, but that the risk is considerably more pronounced in cases where the wife is the partner who has the disease.

The Study’s Findings

The study involved 2,700 married couples that had at least one spouse over the age of 50 at the start of the research. The authors tracked these couples for almost 20 years, starting in 1992 and ending in 2010. They recorded data about the couples’ relationships, including their marital status.

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While the vast majority of marriages in Illinois end via a divorce, Part III of the Illinois Marriage and Dissolution of Marriage Act also makes another process available to spouses: annulment. Annulments, technically known as “declarations of invalidity of marriage,” differ from divorces in that a divorce is a formal dissolution of a marriage. An annulment states that, from a legal standpoint, the marriage never happened. Qualifying for an annulment can be more challenging than simply filing for divorce. However, it does create different legal consequences that may be beneficial.

Qualifying for an Annulment

Unlike divorce, which has low barriers to access, annulments are only available in a limited set of circumstances. Marriages are eligible for an annulment if:

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Divorces can be both stressful and emotionally confusing. Oftentimes, people who feel ready to enter into a new relationship during or immediately after a divorce are faced with the decision of whether to allow their new romantic interest to spend the night at their house. However, overnight stays during divorce might have unfortunate legal and practical consequences. The presence of children could also further exacerbate these legal issues.

The Consequences of an Overnight Stay

Allowing a new partner to stay overnight might have an effect on a person’s ability to receive spousal support, depending on the exact terms of the support agreement. This is because the default rule in support agreements, under section 510(c) of the Illinois Marriage and Dissolution of Marriage Act, allows the supporting spouse’s obligation to end once the supported spouse begins romantically cohabiting with someone else. While a single overnight stay is probably not enough to qualify as cohabitation, the court will look at a variety of factors, including:

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