Tag Archives: Maintenance

Top Ten Myths in Illinois Divorce Cases [Myth #10]

Myth: Permanent maintenance is forever. Not true. Permanent maintenance, also known as indefinite maintenance, is modifiable based upon a substantial change in circumstances.  Under Illinois law, permanent maintenance abates upon the remarriage, cohabitation, or death of the recipient.  It is … Continue reading

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Top Ten Myths in Illinois Divorce Cases [Myth #8]

Myth: All support payments are tax deductible. Wrong. Maintenance payments ordered by the court or covered in a Marital Settlement Agreement if they abate upon the death of the payee, are generally tax deductible to the payor and tax includable … Continue reading

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Illinois Spousal Support Laws: Cohabitation Conundrum

Illinois is one of only a few states where spousal support (commonly referred to as “maintenance”) statutorily terminates short of remarriage.  Specifically, the Illinois Marriage and Dissolution of Marriage Act provides that one of the several factors which will justify … Continue reading

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Protecting Your Lifestyle During and After Divorce

Divorce can be an emotionally stressful and challenging time.  Unfortunately, the divorce process can be made even more difficult when one spouse acts punitively to hurt their former partner by engaging in tactics that manipulate one party’s financial resources in … Continue reading

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Alimony in Lieu of Property

Under Illinois divorce law, the so-called “equitable distribution” principle (enacted in 1977) allows courts to allocate marital property in myriad ways.  The asset mix in the “marital pot” in numerous cases, however, does not lend itself to a percentage division … Continue reading

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Breaking Law in Illinois: Social Security Income Not Exempt from Payment of College Expenses

The Second District Appellate Court recently found that social security disability income can be used to satisfy an obligor’s duty to fund college expenses. In re Marriage of Truhlar, 2010 WL 3667117 (2nd Dist. Sept. 17, 2010), the parties had … Continue reading

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