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Posted on in Spousal Maintenance

DuPage County family law attorneys, ending spousal support

There are several forms of spousal support, or alimony, under Illinois law. Alimony can be periodic or permanent. Alimony may also take the form of a lump-sum payment or a transfer of property. Most alimony, however, is periodic. A supporting spouse will usually make regular payments to the supported spouse for a specific period of time. If the supported spouse decides to remarry or cohabitate, alimony payments will be impacted.

Remarrying and Alimony Awards

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dating during divorce processThere are a multitude of articles and blog posts expressing opinions about the consequences of people dating during the divorce process. The problem is that most of those posts contain conflicting information, and include some facts and a lot of fiction. This post aims to explain a bit about what issues dating during divorce may actually pose.

What You Really Need to Know

  • One very real danger of dating during the divorce process involves the concept of dissipation. Dissipation occurs when one spouse uses marital property for something solely for his or her own benefit and unrelated to the marriage, at a point where the marriage is breaking down. Money spent on new relationships commonly falls within the definition of dissipation. Birthday or anniversary presents for your new boyfriend/girlfriend, inviting them to join you on vacation, or even taking them to a nice event in downtown Chicago, can all become the basis of a dissipation claim your soon to be ex’s attorney may bring against you.

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Posted on in Family Law

Cohabitation CoupleToday, it seems more couples than ever are choosing to live together, whether or not they plan to marry. In fact, a committed couple eventually deciding to move in together is not only acceptable, but may even be expected in our current culture. Despite the prevalence of this practice, there are some important considerations and preparations a couple should take before making the decision to share a home, as a recent article points out. Preparing for the Move While making the decision to live together is likely an exciting and even romantic time for most couples, there are also some serious matters that should be addressed. Couples who plan on sharing a home should be prepared to have an honest discussion about their personal affairs, including their finances. Successfully combining both households may require a bit of work, and preparing a joint budget is a good idea to aid in the process. A budget will also help a couple decide how they will pay bills and other household expenses once they are cohabiting. Taking these steps in advance of moving in together will help avoid conflict down the road and make the transition into sharing a home with a partner that much easier. Another topic couples should discuss before moving in together is their future expectations for their relationship. Both partners should have a clear idea of where the relationship is headed, whether that means marriage or not. In addition to the future state of the relationship, a couple should also discuss how they would handle other life situations should they arise, like a pregnancy. Finally, it would be a prudent choice for cohabitating couples to rent rather than purchase real estate if they are not yet married. Buying a home is a serious financial decision that can have significant consequences if a couple breaks up. There are no clear guidelines or laws in place to address such a situation in the event of a breakup, unlike divorce laws that are in place. Down the Road Even after a couple moves in together, there are still some additional considerations to take into account:

  • Couples who share a home but who are not yet married should keep their finances separate and avoid joint accounts or co-signing for loans, since a breakup would be further complicated by such money matters;
  • A couple who resides together should know the law and how their living arrangement could possibly affect their rights in any given situation;
  • Couples may want to consider living together for a predetermined amount of time in order to test the situation and ensure there are no red flags or other issues that should be addressed before taking such a major step;
  • Couples may want to consider executing a cohabitation agreement, which will designate each partner’s rights and responsibilities in the event of a split.

Family Law Attorney Whether you are interested in executing a prenuptial agreement, cohabitation agreement, or simply need advice on a family law matter, the experienced attorneys at Davi Law Group, LLC are here to help you. Contact our DuPage family law attorneys today to schedule a consultation at one of our offices, located in Wheaton, Warrenville, or Chicago.

cohabitationWith more and more family units in America cohabiting before or even in lieu of marriage, some are wondering about the effects that choice has on children of cohabiting couples. A Washington Post article criticized the practice, saying that cohabitation has replaced divorce as the biggest source of instability for families in America. Opponents of the practice maintain that the practice is a big issue for American families.

Increase in Popularity

The practice of cohabitation became increasingly popular in America in the 1970s, either before or as an alternative to marriage. In the early 1990s and leading up to now, cohabitation has become a commonplace venue within which to have and raise children. A report published in 2011 found that children were more likely to experience cohabitation than a divorce between their parents.

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divorce rate, Illinois divorce attorney, Illinois divorce lawyer, family lawAccording to the Family Studies website, previous data that suggested the divorce rate has been on a steady decline since the 1980s may be wrong. A new paper denounces those statistics and instead argues that the rate of divorce has not only gone up, but has risen to record highs. Read on for more about their position and the reasons behind it.

Why the Error?

Researchers are blaming poor data collecting as the reason behind the faulty previous numbers, which painted a more optimistic picture of divorce rates in the U.S. Even if individual counties accurately collected data related to divorce statistics, states then had to compile it and turn it over the the Census Bureau to put the data together on the national level. Something was lost in the process. In addition, it is believed that in the mid-1990s the federal government ceased offering financial support for significant state collection. Some states stopped reporting entirely, ultimately muddying the pool of information related to divorce rates.

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cohabitation, divorce, marriage, Illinois divorce attorney, family law in DuPage CountyIn the past, conservative views about what constituted appropriate action on behalf of a couple prior to getting married dominated public opinion. Everything from living together to premarital sex was frowned upon. While some people may still hold these views to some extent, there has definitely been a shift in what couples are doing before getting married these days, and a new study says it’s not nearly as bad as many previously thought.

Cohabitation Before Marriage

A recently published article discussed not only the prevalence of cohabitation before marriage, but whether it has any real effect on the success of the marriage once it occurs. Over the last five decades, it is estimated that the rate of couples who live together before getting married has increased by about 900 percent. Two-thirds of marriages that occur today are between couples who have already lived together for 31 months, on average. Previous studies indicated that couples who lived together before marriage were 33 percent more likely to divorce than their counterparts who waited to live together until after the marriage ceremony took place.

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