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Articles Posted in Divorce

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Commingled Property & Contribution / Reimbursement Claims Under Illinois Law

Perhaps no issue is the source of greater confusion among divorce lawyers than the issue of commingled property and contribution claims.  That confusion is compounded by the fact that in practice, judges have differing opinions on when a contribution claim is appropriate and when it isn’t.  Thus, outcomes vary greatly…

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Beyond Bitcoin: Finding, Valuing, and Dividing Cryptocurrency in a Divorce

In just a few short years, cryptocurrency has moved from the fringes of the technology and finance worlds into the mainstream.  According to a Pew Research Poll conducted in November 2021: 86% of Americans had heard “at least a little” about cryptocurrencies, 24% claimed to know “a lot” about them,…

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QILDRO’s Under the Illinois Municipal Retirement Fund – Settlement Agreements Might Not Mean What They Say

Throughout Illinois, thousands of municipal employees have pension benefits through the Illinois Municipal Retirement Fund (abbreviated as “IMRF”).  To the extent those pension benefits are earned while the employee is married, those pension benefits can be divided in a divorce case by way of a special court order known as…

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How Will My Pension Be Divided in My Divorce?

Generally speaking, retirement benefits that are earned during the marriage are considered marital property under the Illinois Marriage and Dissolution of Marriage Act. However, determining the amount of spousal retirement benefits that are marital property is often times a central issue to the division of the marital estate upon divorce.…

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Wasting Marital Money: Illinois Divorce Law on Dissipation

The dictionary definition of “dissipation” is waste by misuse, to spend or use wastefully or extravagantly, to squander, to deplete.  The definition contained in the Illinois Marriage and Dissolution of Marriage Act refers to a spouse’s wasting of marital assets during while a marriage is undergoing an irretrievable breakdown.  What…

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Programs to Protect Children in Domestic Relations Litigation

Divorce litigation affects children, especially if they are living in a contentious atmosphere.  In an effort to minimize the impact of the legal process on children, counties in Illinois have implemented programs and procedures to keep children out of the courtroom, and facilitate resolution of parenting issues in domestic relations…

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Imputation of Income for the Purposes of Calculating Maintenance in Illinois

Section 504 of the Illinois Marriage and Dissolution of Marriage Act addresses maintenance.  The Internal Revenue Service calls it “alimony” on tax forms, and it’s sometimes called spousal support.   Under the law, upon the entry of a judgment for dissolution of marriage (a divorce decree), one spouse may be…

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