Peoria Family Law Blog

Even the best laid plans can be easily derailed by reality. For example, many Illinois couples plan for both partners to continue working after they have children. But once kids are in the picture those plans might change. It is not uncommon for one parent -- quite often the mother -- to leave the workforce and stay home with the kids. In these situations, stay-at-home parents should be vigilant about protecting their rights to alimony and marital assets after a divorce.

No matter how personally fulfilling a parent might find being a full-time caregiver for the kids, leaving the workforce puts him or her at a significant financial disadvantage. While it might not seem like a big deal at the time, addressing that disadvantage in a postnuptial agreement can make sure it does not snowball into a serious problem during divorce. Perhaps one of the most important things to address in a postnup is that the decision to stay home was made jointly.

Divorce rarely comes as a total surprise. Both partners are likely fully aware of marital conflict by the time they reach the point of divorce. However, even if a person believes that divorce is in his or her future, the exact timing of it might be a mystery. There are several behaviors that might indicate divorce is drawing nearer, including one that could affect spousal support.

Spousal support provides financial stability to one spouse, helping to maintain the lifestyle to which he or she has become accustomed. In Illinois, the recipient is typically the partner who earned less or did not work during the marriage. Should this person suddenly begin making large purchases and spending more money than normal, he or she could be trying to establish a more expensive lifestyle. Conversely, a spouse who unexpectedly slashes household expenses might be hoping to lower his or her spouse's expected lifestyle. Both are possible signs that divorce may be sooner rather than later.

It often feels as if there is a never-ending number of details that one must attend to both prior to and during a divorce. Issues such as child custody, property division and child support are often at the top of the list, but solely thinking about these matters may cause someone to overlook other concerning issues. Consider the following issues that could indicate an upcoming divorce and even an attempt to manipulate the outcome of spousal support.

Most couples in Illinois will go through one or more rough patches during marriage. These periods of time may involve one partner routinely nagging the other and complaining about his or her actions. Should that spouse suddenly stop all nagging and complaints, it could indicate that he or she intends to file for divorce. This is a common tactic used to create space between two spouses. The person distancing him or herself may be doing so to justify filing for divorce, as it makes it easier to assert that the two were no longer close.

Creating a financially secure retirement takes much more than just tucking away a bit of money for a few years. Adults in Illinois spend decades growing their retirement accounts through both personal and employer contributions. The idea of compromising those savings might feel out of the question, but it is an unavoidable issue during divorce. Here are a few things one might expect when dividing a 401(k) account.

Establishing when the account was opened is crucial. Barring a prenuptial agreement or extenuating circumstances, income earned by either spouse during marriage is considered marital property, which must be divided during divorce. This includes contributions to retirement accounts. If the 401(k) was created prior to marriage, the original balance at that time is generally considered separate property. Furthermore, the marital funds from the 401(k) will likely be split according to each person's financial contributions rather than in an equal split.