One of the touchiest parts of going through a divorce in Illinois is figuring out how to split assets with one's spouse. This is because the decision made during a divorce regarding assets has a long-term impact on a person's financial situation long after the divorce has been finalized. Retirement assets, such as a 401(k) or a 403(b), can especially be challenging.
The divorce process in Illinois and elsewhere can be stressful for people at all income levels, but those with high net worths may especially be concerned about what they may lose during their divorce proceedings. In almost every divorce case involving high-value assets, one person is usually more prepared than his or her spouse. The better prepared person might even attempt to protect certain assets, as well as mitigate family wealth estimations for his or her benefit.
Divorce is life-changing -- whether a person is old or young, poor or rich. The divorce process can be complex, with both emotions and financial challenges complicating a person's transition from marital life to single life. Some tips may help people in Illinois to protect themselves financially when dissolving a marriage.
Individuals who are going through a divorce in Illinois might wonder how cash or other property that they inherited at some point will be treated during the property division phase. Whether an inheritance was acquired before or during a marriage, the inheritance will generally be considered the separate property of the recipient. As separate property, an inheritance will not be subject to equitable distribution during the divorce proceedings.
Individuals who are going through a high-asset divorce in Illinois may be interested in learning about how marital property is divided in the state. In Illinois, the concept of community property is not recognized as it is in some of the other states. This means that property that has been acquired during a marriage will not necessarily be divided equally between the two divorcing spouses.
When people get married, they tend to divvy up household duties such as lawn work, paying bills, grocery shopping or what-have-you. A problem that arises in divorce, then, is that one spouse has handled the financial side of the marriage, while the other spouse has essentially kept out of money matters. This happens more often than you might expect.
What are Qualified Domestic Relations Orders, and how do they relate to asset division in Illinois divorces? QDROs are used to give an alternate recipient the right to receive funds from a private-sector retirement account such as a 401(k) or a pension plan. The alternate recipient could be the plan participant's child, spouse or former spouse, so you can see why QDROs are important in dividing assets in the divorce process.