Attorney Blog about Divorce, Family Law, Maintenance, Child Support, Custody, Parenting Time, Visitation, Mediation, Lawyers

By: tompmiller | June 29, 2018

Nonmarital property is property owned by one spouse. The Court has no jurisdiction over this property. A Judge cannot divide it and give some to one party and the rest to another. It remains with its owner.

Nonmarital property is whatever a spouse entered the marriage with. It also includes property acquired during the  marriage if it was acquired only with non-martial property. Other categories of one party's non-marital property, regardless of when acquired, are gifts to the party alone and inheritance.

In terms of gifts, arguments arise as to the intended recipient(s). A wedding gift is by definition marital, a gift to both parties. However, a gift of money or an item from one of the spouses parents and received well into the marriage...

By: tompmiller | June 21, 2018

Marital Property is property that a divorce court has jurisdiction to distribute between the spouses. Non-marital property is property of one of the parties only, and a divorce court cannot decide what to do with non-marital property: it is the property of it's owner, period. How to distinguish marital from nonmarital property?

Marital property is all property that is acquired from the moment of marriage until the end of the marriage, with the following exceptions: property acquired during the marriage as a gift, inheritance or by use of only non-marital property, that is not commingled. All property acquired during the marriage is presumed to be marital, so it is the burden of the party wanting to establish it as non-marital to demonstrate&...

By: tompmiller | June 13, 2018

Use of Prenups or Premarital Agreements in Illinois is on the rise. Individuals that have been divorced, or have children from previous relationships, or have substantial assets, either a business or family trust or inheritance often consider a prenup. However, young, first time engaged couples, straight and same-sex, are also seeking the protection of a premarital agreement more and more.

A sometimes overlooked benefit of a prenup is simplicity in the event of divorce. Sure, the prenup can protect your assets, income and protect you from the other party's debts. It can bar your spouse from seeking alimony or maintenance as well, and can prohibit the spouse from inheriting in the event of your death, protecting your estate for the benefit of...

By: tompmiller | June 06, 2018

In Illinois, and in most courts through the country, a divorce judge only has jurisdiction over marital or community property. This means that a judge does not have the authority to divide individual or non-marital assets. Of course, it is the Judge that decides what is and is not marital property. The Judge looks to statutes and caselaw to make these determinations.

Primarily, as it relates to the pension and retirement plans, income earned during the marriage is marital income. Whatever is acquired with that income is marital. If you have a pension plan from before your marriage, income withheld & deposited into the pension during your marriage is marital. Funds you had in the plan before the marriage are your individual and nonma...

By: tompmiller | May 11, 2018

Your client worked as a teacher in the Chicago Public Schools, CPS and participated in the CTPF, or in another Illinois school district and participated  in the TRS. Her and her spouse moved to Arizona and some time thereafter, one of them filed for divorce.

The  Arizona court  has personal jurisdiction over both of them and subject matter jurisdiction over all issues arising out of their marriage, including the distribution of marital assets. The court grants your client's spouse 50% of your client's Chicago or Illinois public pension, TRS or CTPF.

Since you are representing the Plan member/participant, you are interested in providing as little to the other spouse as possible. You do not want the other spouse to get 50% of the...