Joliet Family Law Blog

When couples in Illinois struggle in their marriage and consider divorce, they risk making an uninformed decision on whether to continue in the marriage. Being knowledgeable about the things that impact relationships, how division of property and custody matters are handled in their state and the emotional effects of a split can help them make a clear decision on how to proceed.

For some couples, divorce seems like the only way to end the tension and fights that might have developed in their marriage. But it is Important to remember that many of the things couples disagree on, that often lead to divorce, will still be there once the divorce is final. Another thing is that some people also believe that only one partner is to blame for the end of a marriage. However, just like there are two people in the relationship, the end of it often comes due to actions, words and feelings from both partners.

The type of compensation structure spouses have can have a big impact on decisions during a divorce. Each party needs to consider things like bonuses, stock options, commission, and other unique forms of compensation. For couples in Illinois who just have straightforward salaries with no bonuses, asset division is likely to be relatively simple. They don't have to worry much about the timing of a divorce filing affecting total assets.

Prepaid bonuses with a claw-back provision can be particularly challenging to deal with in a divorce. This is a bonus that's paid at the beginning of an employment term that can be reduced or withdrawn in the employee quits or doesn't meet certain performance marks. If this bonus is divided during a divorce, it should be clear in the agreement that a spouse must be ready to give their part of the bonus back if the claw-back is enforced.

While people in Illinois who are over 50 might be more likely to get divorced than younger people or previous generations in their age group, the financial and emotional toll can be high. According to one study conducted by the National Center for Family & Marriage Research at Bowling Green University, wealth for people who get a divorce after age 50 drops about 50%. Older divorced people in one study also reported a higher rate of depression than those whose spouses had died.

For women, the financial effects can be particularly acute. One study found that the standard of living for women went down 45% when they divorced after age 50 while for men it decreased 21%. Furthermore, people did not tend to regain their previous financial status over the ensuing years. For many older people, there is simply not enough time to make up for the financial impact of divorce.

When you got married, you likely had dreams of your relationship lasting the test of time. While dating, your future spouse may have seemed like the perfect person to complement your personality, and you likely felt that you two were a perfect match overall. However, after tying the knot, you may have begun feeling that your relationship was less than perfect.

In fact, you may have begun wondering how you chose to marry your spouse in the first place. At every turn, it may seem as if he or she is trying to pick a fight, and due to the unhappiness you have experienced, you have decided that the time has come to end the marriage. However, you may worry that the process will be conflicting as well.