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Unique Divorce Considerations for Wives Who Make More Money Than Their Husbands
The roles of women and men have changed dramatically throughout the last 100 years. Women have gone from being treated as second-class citizens to earning the same rights as men. Even the last few decades have seen a dramatic increase in women in positions of power and authority. Many more women are choosing to make their career a top priority than in the past, and this has resulted in more families with a female breadwinner. If you are the primary earner in your marriage and you are considering divorce, you probably have many questions and concerns. Every divorce is different, but there are a few things you should keep in mind.
Know What Your Rights and Responsibilities Are
When we think of divorce, many consider the higher-earning spouse as more of a liability than an asset. After all, the spouse who brings more property and resources to the table has more to “lose.” The law treats marriage as a partnership, and most assets and debts accumulated during the marriage are considered to be marital property. However, many spouses struggle not to feel like certain things, such as retirement accounts or savings, are solely theirs. After all, they earned the money, so they believe they should get to keep it, regardless of the divorce.
The Basics of Guardianship for a Disabled Adult
Do you know someone who is struggling to manage their life due to advanced age, illness or disability? Most of us know a person like this in our own families. In many cases, it is possible to help a person manage their affairs by sitting down with them and assisting them with paying bills, making health care decisions, and other aspects of everyday life. While this type of assistance is fine in some situations, others may require more drastic measures. One such option may be for you to seek guardianship of the person in question, but doing so can be complicated.
Identifying the Need for a Guardian
According to Illinois law, guardianship for an adult can only be granted by the court, but before the court can appoint a guardian, it must first determine that the adult is in need of one. Specifically, the court must find that the person in question is disabled due to deteriorating mental faculties, physical incapacitation, mental illness, or developmental disability. The court may also find a guardian to necessary for a person dealing with severe gambling, drinking, or drug problems.
Living Separate and Apart Prior to Divorce
Most of us know at least one married couple who are living separately. In some situations, spouses may experiment with a “trial separation” while in others, they are living on their own as they prepare for a divorce. Living separately is a common precursor to divorce, but there are some things you should know about separating before you or your spouse moves out.
What the Law Says
Prior to 2016, the law in Illinois required a couple to live separate and apart for a minimum of six months before they could pursue a divorce on the grounds of irreconcilable differences. The standard requirement, in fact, was two years, but if the spouses agreed, the separation period could be reduced to six months. Today, a couple can only seek a divorce on the grounds of irreconcilable differences in Illinois, but the separation requirement has been eliminated altogether. The law was changed in 2016 to allow couples to pursue a happier post-divorce future without having to simply watch the calendar for months. If the spouses do not agree on the divorce, however, a six-month separation period is considered by the court to be irrebuttable proof that the marriage has broken down beyond repair.
Top Four Reasons Most Americans Do Not Have an Estate Plan
According to surveys, only about 40% of Americans have a last will and testament and much fewer have a comprehensive estate plan. There are many reasons why people neglect to plan for their future in this way. Some people are simply unaware of the ways an estate plan can help protect their wishes and decrease the burden on their family. Others assume that they do not have enough assets or make enough money to qualify for estate planning. The reality is that everyone can benefit from planning for the future using estate planning tools.
They Think They Do Not Need a Will If They Are Young and in Good Health
In movies, wills are only written by characters who have just learned that they have a terminal illness or are otherwise planning to die. This is very misleading. One of the worst times to write a will is when you are in bad health. A person should write a last will and testament while they are still cognitively competent to do so. A will written by a person of questionable mental capacity due to old age, dementia, or another illness is very vulnerable to being contested, or formally disputed in court. Furthermore, there is no need to wait until an advanced age to write a will or create a trust which determines how your assets are distributed after your death. The best idea is to create a will while you are young and to simply update it as your life circumstances change.
Divorce Advice for Women
Divorce is a tough process for anyone. After all, no one gets married with the intent to someday divorce. Women sometimes experience different challenges during divorce than men do. There is no perfect way to end your marriage, but there are some things you can do to minimize your stress and help the process go more smoothly.
Take Care of Your Needs
Women often put other’s wants before their own. Wives and mothers are sometimes so busy looking after others that they rarely stop to think about their own needs. According to the Holmes-Rahe Stress Inventory, getting divorced is the second-most stressful life even a person can experience. Only the death of a spouse is considered to be a more stressful life event. During this time, it is important to charge your emotional battery. Whether that means going to the spa, out to lunch with friends, or sitting in your own backyard with a good book, do not be afraid to take time to de-stress while your divorce is ongoing.
Why You Should Consider Advance Healthcare Directives
Although it has been nearly 13 years since she passed away, many people still remember the name Teri Schiavo from the famous right-to-die legal case which spanned from 1990 to 2005. Schiavo was only 26 years old when she suffered cardiac arrest which left her in a persistent vegetative state. Although the young woman was alive, doctors explained that she would probably never gain full consciousness.
Schiavo’s husband felt that his wife would not have wanted to be kept alive through machines and fed through feeding tubes and requested that his wife have her feeding tube removed. The woman’s parents fervently disagreed with this plan and battled in court to keep their daughter alive. The case sparked increased interest in advance directive measures that allow a person to ensure their wishes regarding medical treatment will be followed in the event they are incapacitated.
Half of Elderly Hospital Patients Unable to Communicate Wishes
Unique Co-Parenting Methods for Divorced Parents
If you are a parent who is getting divorced or planning to, you are probably concerned about how you and your soon-to-be-ex-spouse will raise your children. If you plan on raising the kids together through a shared parenting scenario, you should know that there are some unique methods of co-parenting which have helped many families. These growing trends offer an alternative to traditional post-divorce living situations.
Nesting Arrangements
The majority of couples who get divorced end up living separately from each other. The most common living arrangement for parents who get divorced is for children to visit each parent at their home. Some experts find this arrangement to be especially burdensome on the children who are splitting their time between two homes. As an alternative, some parents are choosing to use what some call “the bird’s nest” strategy: The children live in one home and the parents take turns living there. For example, a parent may stay with the children one week in the “nest” home and then the other parent comes to stay with the children the following week. When the parents are not at the nest home, they are living in their own individual home. While many find this co-parenting strategy to be effective, it can also be quite expensive since it usually requires the couple to finance a third home for the children.
Estate Planning Tips for All Ages, Part Two; Older Adults
For many, estate planning is similar to doing your taxes. You know you should do it, but you put it off or procrastinate. Estate planning is especially difficult because it forces you to face your own mortality and have what can be uncomfortable conversations with loved ones about a time when you are not around anymore. Creating a comprehensive estate plan is critical to ensuring that your property and assets are distributed according to your wishes and that the end of your life is how you intend it to be.
Unfortunately, only four in 10 American adults have a will or living trust. The other 60 percent will have significantly less control regarding their property and final wishes than those who plan ahead. Luckily, there is no wrong time to start planning for the future, and there are estate planning steps that you can take at each stage of your life.
In Your 40s and 50s
When most people reach age 40, they have a significantly more complicated life than they did at 20 or 30. In addition to creating a will and/or living trust, people in their 40s should also pay close attention to their taxes. A licensed CPA can help you maximize your deductions and minimize your expenses. Some people choose to set up a Health Savings Account at this point in their lives. These types of accounts allow people to use pretax money to pay for healthcare expenses, which can end up saving a significant amount of money.
How Can Illinois Grandparents Obtain Custody of Their Grandchildren?
Today, families in the United States come in all varieties. More single parents and unmarried parents are raising children than in the past. Same-sex couples are also raising more children than they did twenty years ago. Families are often blended, with children from several relationships living together under one roof. Grandparents are also increasingly taking the place of biological parents in children’s lives.
Voluntary Relinquishment
There are several ways that grandparents can get custody of their grandchildren. The first way is through petitioning the court for custody of the grandchildren. Both parents of the child must voluntarily relinquish their parental rights to the child unless there is another issue like abuse. Parents may give up the rights to their children for many deeply personal reasons. Sometimes addiction issues or mental health concerns make a parent unable to raise their child. Other times, very young parents relinquish their parental rights so that a grandparent or grandparents can adopt the child.
Estate Planning Tips for All Ages, Part One; Younger Adults
It is never too soon to start planning for your future. At every age, there is an opportunity to make estate planning decisions and preparations that will benefit you and your family in the future. The most financially successful individuals among us will tell you that it did not happen by accident. It is important to be aware of your financial situation and to be intentional about the way your plan for the future. At every stage of life, there are some estate planning steps that you should take in order to minimize complications or expense in the future.
Over the next few weeks, we will discuss how you can consider the future, no matter how old you are right now.
In Your 20s
If you have just graduated college or have just entered the workforce, you may think that there is no point in making any financial plans for your future. After all, you may not even have a spouse or children to worry about providing for at this point in your life. However, those who learn to budget their money and effectively manage income and expenses while they are young gain a skill which will last a lifetime.
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