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Category Archives: Property Division

Illinois divorce lawyersThe valuation and distribution of assets is one of the leading sources of contention during a divorce - even more so when the assets are unusual or otherwise difficult to value. For example, artists and other creative individuals may be required to value and split the value of their works. Art collectors may be subject to the same valuation and division of their beloved artwork. Other collectibles and family-run businesses can also be difficult to divide. Learn what you need to know about dividing difficult to value assets in your Illinois divorce, and discover how a seasoned divorce lawyer can assist you with the process. 

Placing Value on Unusual Items During Divorce 

Divorce settlements are reached by first examining the total value of the couple’s marital estate. Some assets are easy to value. For example, a bank account is only worth what is in it. Other assets, such as artwork, jewelry, cryptocurrencies, coin collections, luxury furniture, and businesses are far more difficult to value. For items such as these, an expert appraiser is needed. Most often, they will determine what the item would be worth if it were auctioned off or sold. 

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Illinois divorce lawyersStudent loan debt is currently at an all-time high in the United States ($1.5 trillion), and it is creating excessive financial stress for married couples all over the country. In fact, a survey of divorced couples revealed that student loans were a factor in one-third of all failed marriages, and a total of 13 percent specifically blamed student loans for the end of their relationship. How are these debts divided when a couple pursues a divorce, and how can a seasoned divorce attorney help protect your financial well-being during the process? The following information explains. 

How Student Loan Debt is Divided in an Illinois Divorce

Debts, like assets, are divided equitably in an Illinois divorce. What this essentially means is that the assets, income, and future earning potential of each party is considered when determining how the debt should be split. The one exception that may apply is if the debt was incurred prior to the start of the marriage; in this instance, it is typically considered pre-marital debt, and the owner of the loan is usually responsible for repaying it on their own. 

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DuPage County divorce lawyersDivorce can be a costly endeavor, especially for the wealthy. Thankfully, there are ways to protect your assets during the process. Learn more in the following sections, including how a seasoned divorce lawyer can improve your chances of a favorable outcome in your Illinois divorce.

Financially Prepare by Tracking Your Income and Expenses

Although you may eventually recover from the financial hit of a divorce, odds are, you will need to scale back your lifestyle for a while. Ensure that you are adequately prepared for this by tracking your income and expenses before you file. See where you can make budget cuts, and be mindful of any money that may be owed to your spouse (i.e. child support and alimony). An experienced divorce lawyer can help in gauging what you may be obligated to pay. Also, be aware that the tax laws will be changing in 2019, so the credits that were once given to alimony payers will no longer exist. 

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Wheaton divorce lawyersA college degree is almost essential in today’s job market, which is why so many parents set up an educational savings account for their children. Unfortunately, that account may be subject to division if the parents end their marriage. Learn how you can protect your child’s savings account during your Illinois divorce, and discover how a seasoned divorce lawyer may be able to help improve the overall outcome of your case. 

How Divorce Can Endanger Your Child’s College Savings

Going from one household to two can have a significant impact on your family’s overall financial trajectory - and that includes your child’s college savings account. That is because the household, which used to share expenses, now has two sets of bills. Add in the possibility of child support and alimony, and there is even less money to go around. As such, it may be difficult for parents to continue contributing to their child’s college savings account. Another issue is that some savings accounts are considered marital assets, so they may be split like other assets. Yet, even if the account is not split (such as with a 529 plan), there is a risk that one parent may wrongfully spend the money that has been saved. 

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Illinois divorce lawyersThe Great Recession endangered the retirement of thousands of Americans, but experts from the Center for Retirement Research at Boston College recently found that divorce can be just as detrimental. Much of this is due to the splitting of assets and the decrease in income that ensue once proceedings begin (or sometimes even before), but parties can mitigate their risks. Learn more in the following sections, including how a seasoned divorce lawyer can help. 

The Retirement Risk Index

Ideally, your retirement should allow you to sustain your current lifestyle. Unfortunately, after the Great Recession, approximately half of all American households were at risk of not meeting that goal. With some 40 percent of all marriages ending in divorce, that number may be increasing on a daily basis - especially since divorce can increase one’s risk of not meeting their retirement goals by 7 percentage points. Thankfully, if parties understand how divorce endangers their retirement, and they learn how to mitigate against the potential issues that may arise along the way, they can decrease their risk of not meeting their retirement goals. 

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
Warrenville Office
Address28371 Davis Parkway
Suite 103
Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road
Building A, Suite 105
Wheaton, IL 60189
Phone(630) 580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street
Suite 900
Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street
7th Floor
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
Davi Law Group, LLC handles family law, estate planning and real estate matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville, Illinois.
Warrenville Office
Address28371 Davis Parkway, Suite 103, Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road, Building A, Suite 105, Wheaton, IL 60189
Phone(630) 580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street, Suite 900, Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street, 7th Floor,
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
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