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The Effects of Retirement on Spousal Support
Spousal support—also known as alimony or maintenance—is found to be appropriate in many divorce cases, and is usually paid to the spouse with lower income. The situation may change, however, when the paying spouse reaches retirement age. It can prevent confusion and lost time if you and your former spouse do your research before retirement becomes an issue.
A “Substantial Change in Circumstances?”
Depending on your situation, the paying party may seek to have their support responsibility reduced or even terminated upon retirement. However, it is not as easy as simply petitioning the court and expecting your request to be approved. As with other requests of this nature, you must be able to present evidence showing that your current support responsibility is unreasonable or excessive in light of the reality of your retirement and the resulting financial effects.
Illinois law holds that spousal support obligations may only be modified if a substantial change in circumstances has occurred. While there is debate about the meaning of that term, generally it is held to have occurred when a person’s income changes by more than a certain amount. The court will consider multiple factors in determining whether a “substantial change” has taken place, including anything that might affect the paying party’s net income. Retirement does fall onto this list of factors, but it is not the only consideration in whether or not a court will reduce or terminate an obligation.
Preventing Disputes Over Sentimental Assets
When a person dies without a will or any other instruments of estate planning in place, his or her property will be distributed by the Probate Court in according with Illinois laws regarding intestate succession. Such cases often create significant disagreements among surviving family members. Of course, families may also fight when they discover what they are to receive in a will as well—and in some situations, things can get completely out of control.
More Than Money
While people often throw their familial allegiances to the wind and try to take as much as they can, family disputes on inheritance are not always about money. Conflict can arise for emotional reasons as well. While a grandson may not care to inherit a particular pie plate that his grandmother used for 30 years, for example, that same item could mean the world to someone else in the family. It is worth putting time and careful thought into your plan regarding who inherits the sentimental assets that you own. In doing so, there are a few things you should consider.
Understanding Marital Misconduct
In many divorce cases, the concept of marital misconduct is often discussed, if only to underscore the fact that any evidence of it is not applicable to most divorce-related discussions. While Illinois law expressly excludes it from playing a role in issues like property division, it is still important to understand exactly what constitutes marital misconduct and what is simply a difference of ideology or opinion between you and your spouse.
Marital Misconduct and Divorce
Marital misconduct is generally defined in the law as conduct of any kind that has helped erode the marriage. This can take many different forms, from the wasteful spending of marital money to adultery to domestic violence. In many states, this kind of conduct can have a negative effect on a spouse’s portion of the marital assets as well as on the amount of parenting time granted to them. The rationale behind such decisions is that someone who shows flagrant disregard for the marriage and its benefits should be entitled to less in a divorce.
Guardianship for a Disabled Adult Child
When you are the parent of a disabled child, it is common to assume that he or she will never be able to advocate for himself or herself. While some do require assistance during their lifetime, not every disabled person requires guardianship once they reach adulthood. It can often be up to you as a parent to decide whether guardianship is necessary or whether your child can handle his or her own affairs.
Dealing With Probate Court
Guardianship for adults is handled in Illinois by the Probate Court. Disability is not the only potential grounds for which a guardianship may be sought, but it is the most common. There is a rebuttable presumption in Illinois law that an adult over the age of 18 can manage their own affairs. If this is not the case for your son or daughter, you need to be prepared to show evidence to that effect, with a detailed report of your child’s challenges and strengths. Illinois is somewhat unique in that plenary or total guardianship is generally considered a last resort and is only used if the person in question displays a complete lack of ability to manage their own affairs. Limited guardianship is preferable.
Handwritten Wills and Handwritten Changes to Wills
People often wonder whether they can handwrite their will or change their will by writing in new provisions or crossing things out. To be clear, if you want to be sure that your will is followed exactly after your death, all changes should be made with the help of your attorney. That said, whether you can handwrite a will or make handwritten changes to a will depends primarily on where you live and where your will is to be executed upon your death.
Jurisdiction Matters
The validity of a handwritten will depends on the laws of the state in which you reside. Many states recognize handwritten wills as potentially valid, but each state may have different witness requirements. Witnesses ensure that you have the mental capacity and intent to make a will and that you, in fact, were the one to sign it. In some jurisdictions, a witness does not need to be present for a handwritten will to be valid. This type of will is known as a holographic will. In other jurisdictions, two witnesses must be present.
Determining Parental Fitness in Illinois
Generally, Illinois courts do not have any interest in taking children away from their natural parents without immediate and pressing reasons to do so. However, when a parent’s fitness is called into question, obviously, due diligence must be performed lest children remain in harmful and dangerous situations. If you have been accused of being an unfit parent, it is important for you to understand what that means so you may best defend against it.
Statutory Criteria
Every state has its own definition of “unfit.” In Illinois, the guidelines can be found in the Illinois Adoption Act which sets out the criteria a judge may use to declare that a parent falls into that status. An unfit parent is defined in Illinois as someone who can objectively be found to not have the child or children’s best interests at heart. This can be shown by a lengthy list of considerations contained in the statute. Some of the more common concerns include abandonment, neglect, demonstrable cruelty toward the child, a lack of interest or responsibility, substance abuse, or addiction.
Changing Your Estate Plan to Account for Your Divorce
People tend to forget or overlook things when they divorce. Dotting every proverbial “i” and crossing every proverbial “t” can be a difficult endeavor, especially when there are children involved. One of the most commonly overlooked issues—especially if a divorce is complex or acrimonious—is estate planning. Updating or re-drafting documents like wills and trusts can make all the difference in ensuring that your assets go to those who you have expressly chosen.
Make a New Will or Trust
Illinois probate law can be quite complex, particularly if you are trying to modify an existing document. This is made even more confusing by the fact that Illinois law, upon divorce, revokes any gifts or positions of authority given to an ex-spouse. For example, if you named your now-former husband as the executor of your estate, that designation will be void upon your divorce. Sometimes this can be advantageous, but in certain cases, you may want to keep your ex-spouse in the will. Doing so may be beneficial in situations where young children are involved as potential beneficiaries.
Child Abandonment in Illinois
In most divorce proceedings, parents are encouraged to develop a workable parenting plan that outlines each party’s rights and responsibilities regarding their children. A parenting plan specifies how significant decisions regarding the child’s life will be made as well as a parenting time schedule. Your parenting time—sometimes referred to as physical custody of a child—is more than a right or a privilege; it is a responsibility. If you fail to safeguard your child or you leave them alone for too long during your scheduled parenting time, you will be deemed to have abandoned them, and you could lose your parental rights as a result.
Physical Abandonment
Child abandonment is defined in Illinois as any time that someone having physical custody or control of a child under age 13 “knowingly leaves that child” without supervision, or in the supervision of someone “irresponsible” (or underaged) for 24 hours or more. It implies a negligent or reckless disregard for that child’s safety, and it is a criminal offense in Illinois, carrying a sentence that can vary between probation and three years in prison, plus a $25,000 fine. If the abandonment leads to the child being injured or otherwise harmed, the parent may lose parental rights.
Pro Se Divorce: Should You Divorce Without a Lawyer?
Over the past decade or so, one of the more common scenarios that have emerged in family courts across the country is where one or both spouses who are going through the divorce process make the decision to represent themselves instead of hiring an attorney. This is known as a pro se divorce.
Going Through It on Your Own
Couples who decide for forgo the guidance of an experienced divorce attorney may do so for a number of reasons, including:
- They anticipate that the divorce will be easy to settle since both spouses agree not only to ending the marriage but also how parental responsibilities, parenting time, property division, etc., should be divided;
- They feel the fees an attorney will charge will be too expensive, especially since they anticipate a “friendly” divorce; or
- They believe that they can find the resources regarding the law and the divorce process online.
Donating Your Body to Science
Do you have a plan in place for what will happen to your body when you die? While this is not the most exciting topic to think about, it is an important consideration for you and your loved ones to make well in advance of the need. An overwhelming majority of Americans choose from one of two options: burial or cremation. Some families need the comfort that comes with being able to visit a grave or the closure of spreading a loved one’s ashes in a favorite place. There is a third option, however. You could choose to donate your body to science and provide ambitious medical students with their first patients.
Organ Donors vs. Whole Body Donors
In today’s society, there seems to be a stigma attached to the idea of donating one’s body to science or medical research, perhaps because it is simply seen as non-traditional. Burial rites play an important role in many religions, but orthodox adherence to religious customs has been on the decline for a number of years. Additionally, more than half of American adults—over 130 million people—are registered as organ donors. This means that while many individuals are willing to have their organs put to use in possibly saving another person’s life, they are significantly less willing to donate their entire bodies. Research suggests that there are fewer than 20,000 whole body donations annually in the United States.
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