Property Division

Home/Divorce/Property Division

SOCIAL SECURITY BENEFITS ARE NOT DIVIDED IN DIVORCE COURT

Parties are divorcing.  Wife works in the private sector and has Social Security withheld from her pay.  Husband is an officer with the city police department.  He contributes to the police pension fund. He does not have Social Security tax withheld from his pay. Husband can retire at age 50 with full pension benefits.   Wife [...]

WHEN YOU HAVE TO EXPLAIN EXACTLY WHAT YOU DID WITH THE MONEY

Parties are in divorce proceedings. Final orders are not entered yet.  Wife is ordered to make mortgage payments on the marital home she lived in.   She was ordered to make payments on the rental property. She collected the rent from that property each month.    She fails to make either payment. The marital home went into foreclosure. She spent [...]

By |2018-03-01T15:04:00+00:00March 1st, 2018|Property Division|0 Comments

SOMETIMES IT IS A MAINTENANCE OR A PROPERTY AWARD, BUT NOT BOTH

The trial court awarded wife $12,500 per month in maintenance.  In addition to $1.64 million in marital property.    This was equal to the family business that husband would keep. Husband appealed the maintenance award. The Appellate Court reversed.   A large portion of the property to wife produced income. This property gave her enough income to [...]

By |2018-02-22T21:05:54+00:00February 22nd, 2018|Property Division, Spousal Maintainence|0 Comments

THE COURT IS NOT GOING TO DO YOUR WORK FOR YOU

  Parties prepared for their divorce trial. The parties had plenty of time during pretrial discovery and during trial.  They could have presented evidence of the value of the house and the two businesses.  Therefore, the trial court was not able to value certain properties. Husband argued that the two businesses were his sole property. [...]

RETIREMENT BENEFITS ARE DIFFERENT FROM DISABILITY BENEFITS

  The parties’ divorce agreement defined how husband’s fireman’s pension was to be divided.  They would equally split the marital portion. Husband was later injured while on active duty as a city firefighter.  He started collecting disability benefits under the fireman's fund.  Wife wanted to start receiving her share of those benefits. Husband argued that [...]

By |2018-01-25T19:48:09+00:00January 25th, 2018|Property Division|0 Comments

DON’T TOUCH MY BONUS!

Wife and Husband are getting divorced.  Husband may receive a bonus after the divorce is over. Wife believes that a percentage of the bonus is marital property. She says it was earned while they were still married. Husband claims that it is not marital property. He claims that it is not a sure thing.  It [...]

By |2017-12-28T17:17:49+00:00December 28th, 2017|Property Division|0 Comments

WHAT CAN HAPPEN IF YOU DON’T PLAY NICE

There is a reason for Illinois Supreme Court Rule 219(c).  It allows a trial court to impose a sanction on a party.  If the party unreasonably fails to comply with the court’s discovery rules or orders. Husband in this divorce case did just that.  He had been deeded a Missouri farm.  He said that made [...]

By |2017-12-19T19:35:39+00:00December 19th, 2017|Property Division|0 Comments

OH NO! YOU CAN’T SELL TO HIM!

The parties in a divorce owned an LLC, which operated a quarry.  It was marital property and had to be divided between the parties. Wife was a member of the LLC. Husband was not a member of the LLC. The Court awarded to Husband all of Wife’s membership interest.  Husband was ordered to pay Wife [...]

By |2017-12-11T21:58:18+00:00December 11th, 2017|Property Division|0 Comments

YOU CAN’T ALWAYS GET WHAT YOU WANT

  In the divorce trial, Wife made a number of claims against Husband. The Court ruled against her every time. She argued that he dissipated his workmen’s compensation money. The Court disagreed. It said he used the money for legitimate reasons. During the marriage they had taken vacations alone. He did that with this money. [...]

Go to Top