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What Happens When Both Spouses Want to Keep the House in an Illinois Divorce?

2026-04-10 00:00:00

The family home is often the hardest asset to deal with in a divorce. It is where your children grew up and where you built your life. For many people, it is also their biggest financial asset. When both spouses want to keep it, or when neither can agree on what to do with it, things can get complicated quickly. A St. Charles property division attorney can walk you through your options and help protect your finances.

How Does Illinois Law Handle the Marital Home in a Divorce?

Illinois uses an equitable distribution standard to divide marital property. This means courts divide assets fairly, but not always equally. Under the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/503, the marital home is considered marital property if it was purchased during the marriage, even if only one spouse's name is on the deed. A judge will look at several factors before deciding what happens to it, including each spouse's finances, their contributions to the marriage, and whether children are involved.

Does My Spouse Have a Claim to My Cryptocurrency in an Illinois Divorce?

2026-04-05 00:00:00

If you own Bitcoin, Ethereum, or other digital assets, a divorce can raise some tough questions. You may be wondering whether your spouse has a right to your cryptocurrency, how it gets valued, or whether it can even be found if someone tries to hide it. In 2026, cryptocurrency is a common part of many people’s finances – according to the Pew Research Center, about 16 percent of U.S. adults have used or invested in cryptocurrency – and Illinois courts are now regularly dealing with digital assets in divorce cases.

A St. Charles divorce attorney can help you understand how crypto fits into your case and what steps to take to protect yourself.

Am I Guaranteed Alimony as a Stay-at-Home Parent in Illinois?

2026-03-31 00:00:00

If you were the stay-at-home parent and are now going through a divorce in 2026, your financial situation probably feels overwhelming. It will likely take time to rebuild your resume and gain employment that will be able to support you and your children going forward.

Alimony, also called spousal maintenance, is set up for just such a situation. Spousal maintenance is meant to make sure the lower-earning spouse has enough resources to get their feet under them financially. But that’s only a comfort in your situation if you’re sure that you’ll actually get it. A St. Charles divorce attorney can help out by clarifying who gets alimony and for how long.

Does Illinois Guarantee Alimony to Stay-at-Home Parents?

Illinois does not automatically award alimony in divorce cases. But don’t give up hope: courts decide whether to grant maintenance based on factors listed in the Illinois Marriage Act (750 ILCS 5/504). This list includes situations where one partner gave up the opportunity for career growth in favor of staying home with the kids.

What if My Partner Decides He Doesn’t Want Our Baby?

2026-03-24 00:00:00

Many couples in long-term relationships accidentally conceive, only to discover that one partner has cold feet about becoming a parent. When that partner is the father, this dynamic can lead to serious relationship issues, including breakups, abandonment, and even divorce. This can happen to anyone – even those who never suspected their husbands or boyfriends would walk out on them.

Not only can this shatter dreams of being a happy family, but not having an involved father has important legal implications for a child’s future. Fortunately, it is possible to establish legal paternity, even when a man refuses to play the role of father. Paternity affects child support, custody, a child’s right to insurance, and Social Security benefits. Maybe more importantly than anything else, it can affect your child’s sense of self.

If you are expecting a child and your partner has decided he doesn’t want to be a part of the child's life, you still have options for holding him responsible so you don’t have to raise your child alone, without the financial support you need. Even if your partner refuses, our St. Charles, IL family lawyer can take you through the steps needed to make sure a paternity test happens.

Protecting Family Business Interests During a Divorce

2026-03-13 23:14:33

When a marriage ends and a business is involved, the stakes are high. Your company represents years of hard work, personal investment, and your future financial security. With the divorce comes the looming fear that your business could be stripped for parts, financially speaking. You might even be worried that you’ll be forced to completely give up control of what you built.

If a business is part of the equation in your 2026 divorce, a Kane County asset division attorney can help you take the right steps to protect it.

How Do I Know if My Business Is at Risk in an Illinois Divorce?

Not every business is automatically on the table in a divorce. Illinois law 750 ILCS 5/503 divides property into two categories: marital and non-marital. Understanding which category your business falls into is the first step in protecting it.

My Fiance Does Not Want a Prenup. Should I Drop the Subject?

2026-03-06 00:00:00

Bringing up a premarital agreement with your soon-to-be spouse can be very uncomfortable. Many people avoid the conversation altogether out of fear of offending their partner or sending the wrong message. If you have already brought it up and your fiancé pushed back, should you let it go? A St.Charles prenuptial lawyer attorney can offer suggestions on whether you and your partner would benefit from a prenup, and if so, how to handle the conversation.

Why Might a Prenuptial Agreement Be Beneficial for Married Couples?

A premarital agreement – often called a prenup – is a legal contract signed before marriage. Under the Illinois Uniform Premarital Agreement Act (750 ILCS 10), it becomes effective the moment you marry. It lets both partners decide in advance how certain issues will be handled if the marriage ends in divorce.

How Does Out-of-State Property Get Divided in an Illinois Divorce?

2026-02-28 00:00:00

If you and your spouse own property in another state, you may be wondering what happens to it when you divorce in Illinois. This common situation can make an already complicated process even more complex. A St. Charles property division attorney can help you understand how this will be handled in court.

Can an Illinois Court Divide Property Located in Another State?

Illinois courts do have jurisdiction to divide out-of-state property because Illinois courts have authority over the people in a divorce. This offsets the fact that they do not have direct authority over land in another state. Because of this, courts can order the divorcing spouses to take action with regard to their out-of-state property. If you refuse to follow that order, an Illinois judge can hold you in contempt of court.

Out-of-state property will get accounted for just like all other assets in the divorce. The court will do this even if enforcing the ruling requires cooperation from both parties or action in the other state's courts.

Social Security Benefits and Divorce

2026-02-19 00:48:59

Divorce can create uncertainty about your financial future. This is especially true if you are older and were out of the workforce for most of your adult life. If you are nearing retirement age, you may wonder whether you can claim Social Security benefits from your ex-spouse after a divorce. The good news is that, under some circumstances, you can.

Understanding how Social Security benefits work after divorce can help you make good decisions about your retirement planning. If you have questions about how divorce may affect your Social Security benefits, a Kane County divorce attorney can give you guidance.

What Are the Requirements to Collect Social Security Benefits Through an Ex-Spouse?

The Social Security Administration has certain rules about when you can claim benefits based on your ex-spouse's work record. You must meet all of the following requirements:

What Should I Do if My Spouse is Lying Under Oath During Our Illinois Divorce Proceedings?

2026-02-13 00:00:00

Finding that your spouse is lying under oath during your divorce can be incredibly frustrating and even frightening. What if they judge rules in their favor? What if you have to live with an unjust divorce settlement for years to come?

If your spouse is being dishonest in your 2026 divorce proceedings, it’s important to proceed carefully. A St. Charles divorce attorney can help you get evidence and present the truth to the court without damaging your own credibility.

What is Perjury and What are the Legal Consequences in an Illinois Divorce?

"Perjury" is what courts call lying under oath. Under 720 ILCS 5/32-2, perjury is a Class 3 felony in Illinois. If someone is convicted of perjury, they could face two to five years in prison and fines up to $25,000.

Common examples of perjury in divorce cases include:

What are the Biggest Risks if You are the Higher Earner in a High-Asset Illinois Divorce?

2026-02-06 00:00:00

If you are the primary breadwinner in your marriage, divorce can feel especially threatening to your finances. You might have heard horror stories about someone getting taken for everything they’re worth by their spouse in a messy divorce.

These fears aren’t totally unfounded. High-asset divorces involve complicated financial issues that can affect your wealth and security for a long time to come. If you are going through a high-asset divorce in 2026, a Kane County divorce lawyer can help.

Will I Have to Pay Spousal Maintenance?

As the higher-earning spouse, you may have to pay alimony or spousal maintenance. The way the court decides how much spousal maintenance you will pay depends on your total income and how long you have been married. For couples with a combined income under $500,000, Illinois uses a standard formula.