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Wakenight & Associates, P.C.

707 N. York Street, Suite 201, Elmhurst, IL 60126

DuPage County | 630-852-9700

Mokena | 815-727-6144   Oak Park | 708-848-3159

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Hinsdale spousal maintenance attorney At the beginning of 2019, some significant alteration to federal and state divorce laws went into effect. These changes impact spousal maintenance, previously known as spousal support or alimony in Illinois. Spousal maintenance is a recurring payment from one former spouse to another after a divorce , typically provided by the higher-earning individual for a determined period of time. It allows a lesser-earning ex-spouse time to build a new life on their own. The duration that spousal maintenance is paid largely depends on the length of the marriage.

Eligibility for Spousal Maintenance 

A judge will consider various factors when determining whether to award alimony to a spouse, including:

  • Each spouse’s income, property, needs, and earning capacity
  • the standard of living achieved while the couple was married
  • Any contributions of an ex-spouse to the education and career of the higher-earning former partner
  • the time a maintenance recipient needs to obtain education, training, and employment to support themselves in full.
  • the tax impact of property division in the couple’s divorce decree.

Spousal Support Changes in 2019

Changes to 750 ILCS 5/504 dictate that for divorce s completed on or after January 1, 2019, the amount of spousal support payments will be calculated by subtracting 25 percent of the recipient’s net income from 33.3 percent of the payor’s net income. this differs from the previous model, in which 20 percent of the recipient’s gross income was subtracted from 30 percent of the payor’s gross income. 

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When you filed for divorce , you probably did all the“right”and “expected” things: you hired an excellent lawyer, read suggested books or articles, and logically prepared for your post-divorce life. But when it comes to divorce , you can do all the“right things”and still spiral emotionally. After all, your life is changing forever. this is a stressful and emotionally taxing experience even when the legal process is going smoothly.

the only way to move forward is to shake up your life in a positive way.Your depression may be difficult to escape because your divorce is naturally affecting so many aspects of your life. To help you discover new and constructive experiences, the Illinois divorce attorney s at Wakenight & Associates, P.C. have created this list of tips to help you deal with divorce depression.

Tip #1: (Re)discover a New Hobby

It can be difficult to find time for yourself when you're going through a divorce , working, and raising children . But this could be the perfecttime to rediscover a beloved hobby that's been put aside for way too long. Alternatively, you can also discover a new hobby by looking online or experimenting with classes. Maybe you can even learn a new language r instrument you've always been interested in. By staying busy and exploring yourself, you can rediscover confidence and maybe develop some new personal connections.

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Each November, countless families across the country come together to celebrate their blessings and eat a hearty Thanksgiving feast. But, like most holidays, Thanksgiving can be an extremely difficult and emotional experience for the recently divorce d. For the first time in a long time, you may be alone on a day that glorifies the ideals of “family” and “togetherness.”It's completely natural to feel a little glum.

To help you find a little comfort this holiday season, the Illinois divorce attorney s at Wakenight & Associates, P.C. have completed this Thanksgiving survival guide.

Take Action & Avoid Depression

It's hard to feel excited about a home cooked meal when your ex-spouse and children won't be at the table. For people readjusting to single life, it can be difficult to get out of bed in the morning, let alone enjoy a family-based holiday. Even so, you can still embrace the spirit of the day and summon the energy to create new Thanksgiving traditions.

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One of the first and most important steps in the divorce process is deciding which spouse is going to keep the family home. this helps a divorcing couple decide who is responsible for paying the mortgage during and after the divorce . However, if the home was purchased using a VA loan, this process can get a little more complicated.

VA Home Loans

A veteran may be eligible for a loan if they served their required term or were honorably discharged. this loan can be used to purchase a home and help a burgeoning family start the next chapter of their lives. The veteran's spouse can share and enjoy their partner's benefits for the duration of their marriage. However, once the divorce is finalized, these benefits are stripped away entirely.

Veterans can only receive one VA loan at a time, so they rarely want to leave the family home to their ex-spouse. It's important that whichever spouse receives the family home is able to afford it. If a single owner can't pay thefull mortgage on their own, they may need to refinance the house to secure a longer mortgage or lower the interest rate to make the monthly payments more affordable. Usually, this option is only applicable if the veteran keeps the home or is willing to let their spouse have it for the sake of their children .

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Establishing a child custody arrangement is one of the most challenging aspects of the divorce process. Unfortunately, it's difficult for many ex-spouses to treat each other cordially once the divorce has been finalized. In fact, sometimes a resentful ex-spouse can behave in a way that unintentionally influences how a child perceives their other parent. In worst-case scenarios, an ex may intentionally drive a wedge that separates a child physically and emotionally from their other parent.

Parental alienation is a serious concern for many divorce d parents. The only way to manage the situation is to recognize the signs of parental alienation and, if necessary, seek legal assistance.

What Is Parental Alienation?

Parental alienation occurs when one parent manipulates a child into disengaging emotionally from their other parent. By exploiting a child's guilt and confusion, a parent can trick their child into attaching negative associations to their other parent. However, this creates a difficult psychological dilemma that can permanently traumatize a child.

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