Will My Spouse Be Required to Get a Job After Our Illinois Divorce?

DuPage County Attorneys Explaining Spousal Maintenance After Divorce

During your divorce, a variety of financial issues will need to be addressed, and both you and your spouse will need to make sure you will have the resources to meet your ongoing needs. If your spouse is not currently employed, you may be asked to pay spousal support to ensure that they can maintain the standard of living the two of you were used to during your marriage.

When addressing issues related to spousal support in an Illinois divorce, the court may impute some income to your spouse based on however much they should be able to earn if they were to seek employment. Cases can vary depending on their unique circumstances, but the team at Mirabella, Kincaid, Frederick & Mirabella, LLC can help you understand the process, and we can ensure that matters related to financial support will be addressed correctly.

How Income Affects Spousal Maintenance

While a person who earns a lower income than their spouse may be eligible to receive spousal support, decisions about spousal maintenance may be based on the amount a spouse should be able to earn based on their education, employment history, and job skills, even if they are not currently working. If the court determines that a person is voluntarily unemployed or underemployed, it may impute income for that spouse when determining whether spousal support should be paid or the amount that they will be entitled to receive.

In many cases, the spouse receiving spousal support will have the obligation to find employment in order to become financially self-supporting. If your spouse is unemployed by choice, their imputed income may be used to determine the amount and duration of spousal maintenance he or she may receive. If your spouse does not demonstrate a good-faith effort to secure acceptable employment within the time period specified by the court, this may be a basis to have their maintenance payments terminated.

There are exceptions that may apply in certain situations. For example, it may not always be possible for one of the spouses to become self-supporting or live at the same standard they had experienced during the marriage. In these cases, Illinois courts may award long-term or permanent maintenance. For example, if a spouse is disabled to the point that they cannot live on only the income they are earning, the other spouse may be required to pay support for an indefinite period to ensure that the disabled spouse can meet their ongoing needs.

Contact Our DuPage County Spousal Support Lawyers

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we are here to make sure you are covered for any issues that may arise if your spouse is not doing their part to find employment. Please contact us if you have questions about spousal maintenance awards or other divorce-related issues. Schedule a consultation with our attorneys by calling 630-665-7300. Our office is located in Wheaton, Illinois. We have served families for decades throughout many different counties, including DuPage County, Kendall County, and Kane County.

Can I Get Back My Inheritance I Used to Help Purchase Our Home During My Divorce?

Can I Get Back My Inheritance I Used to Help Purchase Our Home During My Illinois Divorce?

DuPage County Divorce Attorneys Helping Recover Your Inheritance

During your divorce, you will need to address multiple types of legal and financial issues, including reaching agreements with your spouse about the division of marital property. However, you may encounter concerns about how different assets will be handled. If you received an inheritance during your marriage, it will generally be considered non-marital property that you will not need to divide with your spouse. However, if you used money you inherited to help purchase the home you and your spouse own, you may be unsure about whether you can receive this money back during your divorce.

It may be possible to get your inheritance that you used to assist in purchasing your home back in certain circumstances. If you had some form of written agreement with your spouse that detailed where the funds originated and how they would be used, you may be compensated for the contributions you made to the marital estate. Our team here at Mirabella, Kincaid, Frederick & Mirabella, LLC can help you understand what steps you may be able to take to recover inheritance money during your divorce.

Issues That Affect Marital and Non-Marital Property

The primary issue that often arises when addressing issues related to inheritances and marital assets is whether there is any formal documentation distinguishing which funds belong to whom. When no agreement has been made, it may not be possible to separate the inheritance you contributed toward purchasing your home from the marital property you own together with your spouse. When a non-marital asset becomes commingled with marital property in this manner, it may be considered part of the marital estate that will need to be divided during your divorce.

If you did not have a written agreement, you may need to take other steps to prove that the money you contributed toward your home originated as non-marital property. You will be expected to find and supply evidence stating that the money from your inheritance was not intended for your marital estate. If you provide sufficient evidence, a court may determine that you should receive this money back.

Although proving that you received an inheritance and used it to help purchase your home may sound easy, there are some complications that may arise. You generally cannot simply state that you did not intend for the money to be given to the marital estate. Your use of the property you owned to make purchases that would be used by your family may be seen as an indication that you intended to make a gift to the marital estate.

In the event that you cannot convince the courts, the money you contributed will likely be considered to be part of the marital assets you and your spouse own together. However, there may be a decent chance that you can receive some form of reimbursement for the contribution. Because your contributions to the acquisition of marital property will be considered when determining how to divide assets with your spouse, you may be able to receive a larger share of other property. When addressing these issues, the team at Mirabella, Kincaid, Frederick & Mirabella, LLC can step in to help gather evidence to support your claims, and we can help you negotiate agreements that will protect your financial interests.

Contact Our DuPage County Marital Property Division Attorneys

For decades, our law firm has been tackling cases involving divorce disputes, family law matters, and criminal cases. You can contact our office so that we can examine your situation and help you determine the best options. The phone number for our office is 630-665-7300. If you are in Kane, DuPage, or Kendall County, do not hesitate to call us for more information.

When Am I Entitled to Inheritance Money in an Illinois Divorce?

DuPage County Attorneys Assist With Dividing Divorce Assets

During your divorce, you and your spouse will need to consider multiple types of property and determine how different assets and debts will be divided between the two of you. As you address concerns related to property division, you may be unsure about whether certain assets will be classified as marital or non-marital property. Inheritances received by either party may involve complex issues, and you may wonder whether you are entitled to any part of an inheritance your spouse received.

When it comes to being entitled to your spouse's inheritance money in a divorce, every circumstance is different. However, it is likely that you will not have a claim to his or her inheritance money. Our team of lawyers at Mirabella, Kincaid, Frederick & Mirabella, LLC can advise you on what factors you will need to consider and what steps you can take to protect your financial interests. For help with specific issues involved in your case, contact us to set up an appointment.

Rights Regarding Inheritances During Property Division

If your spouse has proper documentation showing that money or assets they received were solely titled and intended to be inherited by him or her, it will be difficult to make a claim. However, while courts will often rule in favor of the spouse who received money or assets as an inheritance, there are some circumstances in which you may be entitled to some of the money or assets your spouse received. For example, if your spouse deposited inheritance money into a joint-owned account and did not keep it separate from marital funds, then you may have some grounds to a claim. Likewise, if your spouse used an inheritance as part or all of the down payment on your marital home, this may be considered a gift to the marital estate, and the equity you own in your home may be a marital asset that will be divided equitably during your divorce.

If you will be receiving an inheritance, the best way to protect yourself is to keep your partner's name off any paperwork. Make sure to keep money in a separate account, and if you use the assets to make any purchases that will be used by your family, it is a good idea to create a written agreement stating that the purchase was made using money solely owned by you. If your partner's name is on the account where an inheritance is held or on any other documents related to these assets, then it may be possible for them to prove that the assets were commingled with marital property, giving them a claim to it. Keeping inheritances and other non-marital assets separate will convey to the court that they should remain your own.

Contact Our DuPage County Property Distribution Lawyers

Inheritances and gifts can lead to complicated concerns when dividing assets in a divorce. At Mirabella, Kincaid, Frederick & Mirabella, LLC, our goal is to make the divorce process easy for you, but we will remain diligent to ensure that you receive the property to which you are entitled. If you live in DuPage, Kane, or Kendall County, you can contact our offices to schedule an appointment and benefit from our decades of experience. Call 630-665-7300 now so we can start on your case right away.

Can I Get My Down Payment on Our Marital Home Back When We Divorce Illinois

Can I Get My Down Payment on Our Marital Home Back When We Divorce in Illinois?

DuPage County Divorce Attorneys Help Explain Dividing Marital and Non-Marital Assets

Dividing your property and assets between you and your spouse during a divorce can be quite challenging. While all of the marital property you own together with your spouse must be divided in a fair and equitable manner, there may be some questions about whether certain assets are marital or non-marital. If you used non-marital funds as a down payment on a home that you and your spouse own together, you may be uncertain about whether this money can be repaid to you or whether your contribution may play a role in decisions about the division of marital property.

If you had a written agreement with your spouse about how your contribution of non-marital funds may be addressed during a potential divorce, this will likely make the process of dividing marital property easier and less complicated. However, without this type of agreement or a prenuptial or postnuptial agreement that addresses property division, financial issues during your divorce may be more difficult to resolve. At Mirabella, Kincaid, Frederick & Mirabella, LLC, our divorce attorneys can review your case and explain what options you may have to try to get your money back and ensure that you will have the financial resources you need after your marriage ends.

Addressing Issues Related to Non-Marital Funds and Real Estate

If you used money you had saved before you got married to purchase a home with the intention of co-owning the property with your spouse, it could prove difficult to get those funds back. When non-marital funds become commingled with marital property in this manner, they may be considered marital property going forward. If you and your spouse did not have a written agreement regarding the money you contributed, the chances of repayment may be slim. Any equity you own in your home may be considered marital property that you and your spouse will have to divide along with other assets and debts.

However, there are some other ways to see if your money can be given back. For example, if the money that you used as a down payment on your house was kept completely in your own name, you may be able to show that the contribution you made should be considered separate property. This could be demonstrated by providing records showing that the money had been kept in a separate account in your own name rather than a joint account.

Each spouse's contributions toward the acquisition of marital property is one factor considered during the property division process. When dividing property fairly and equitably, the court may determine that because of the contributions you made to the purchase of your marital home, you may be entitled to a larger share of that asset. While this may not result in the return of the money you had originally contributed, it may ensure that you will be able to receive a share of the marital estate that is sufficient to address your ongoing needs.

Contact Our Wheaton, IL Divorce Lawyers

Our team at Mirabella, Kincaid, Frederick & Mirabella, LLC has been taking on cases that involve these exact types of circumstances for decades. If you have questions in regard to your particular situation, please contact our office to set up an appointment with one of our attorneys to help you right away. The phone number for our office is 630-665-7300. If you are in Kane, DuPage, or Kendall County, do not hesitate to reach out. We can provide information on recovering pre-marital funds, or we can answer other questions that you have about the divorce process.