Illinois Divorce Law Changes

Anyone involved in a divorce soon understands that the divorce and its fallout can become be a never-ending situation.  Whether it is spousal support (formerly alimony), property distribution or parenting issues, a divorce interjects both Illinois law and a judge and/or mediator into the former spouses’ relationship, even after their children reach maturity.  Recent changes in Illinois divorce law should be considered by anyone who is considering, amid or has recently concluded a divorce.

On January 1, 2015 Illinois will have a new law regarding spousal support, providing a range of factors the court should consider in determining the appropriate level and duration of spousal support, including an income based formula using the income of each spouse.  While not requiring the court to order spousal support, the new law establishes standards to provide more predictability for spousal support awards, enabling parties to reach agreements before the judge decides, and to do so more quickly.  While these measures take affect January 1, 2015, existing divorce decrees or decrees that reserved spousal support or made it modifiable could be impacted.  Consulting your divorce attorney to evaluate the impact, if any, on you is a good idea.

Changes in child support law may also be in the offing.  Since child support is  always modifiable, periodic communication with your divorce attorney is important to confirm that you are paying or receiving the right amount in light of the parties’ ever changing circumstances.  Other divorce matters that benefit from periodic review by your attorney include:  the transfer and sale of assets that may not have been completed during or prior to the entrance of the decree of dissolution of the marriage, child care and parenting issues, and post-high school education and employment training programs for the parties’ children after the age of 18.

Attorneys at Brooks, Tarulis & Tibble, LLC have long represented and counseled clients in divorce, domestic relations, family disputes, child custody and related issues.  If we can assist you or if you have questions in this regard, please contact us.

This Brief is designed to provide our friends and clients with information regarding the various subject matters covered. It is not designed to take the place of legal, accounting or other professional advice. If expert assistance is required, the services of a competent professional should be sought. This memorandum may constitute advertising under the rules regulating Illinois attorneys.