Posted on April 23, 2025 in Asset Division

When preparing for divorce, many people worry about what will happen to their shared finances, especially if one spouse has taken on significant debt. In Illinois, the question of who pays for what is not always straightforward when it comes to debt. Whether you will be responsible for your spouse’s debt depends on several factors, including when the debt was acquired, what it was used for, and how your overall marital estate is being divided.

Understanding your rights and obligations is essential before agreeing to any settlement. A skilled Illinois divorce attorney can help ensure you are not unfairly burdened with debt that is not legally yours.

How Does Illinois Divide Debt in Divorce?

Illinois follows the principle of equitable distribution, which means debts and assets are divided fairly — not necessarily equally. This includes both assets and liabilities. Generally, if a debt was taken on during the marriage, it is considered marital debt, even if the account is in only one spouse’s name.

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 Posted on April 12, 2025 in Asset Division

Your personal finances can suffer during divorce, and you could have credit problems during this difficult time. Your upset spouse might even deliberately run up debt to damage your credit score. However, by taking several simple steps to safeguard your credit during divorce, you can regain control and work towards a better financial future.

Our skilled Illinois divorce attorneys at Weiler & Associates, Inc. understand the myriad financial challenges people often experience during divorce. They can assist with any concerns you have, including financial questions about protecting your credit, taxes, debt, business division, and property division.

Review Your Credit Report

Retain a free credit report from Experian, Equifax, or TransUnion from AnnualCreditReport.com. By law, you are entitled to a free credit report annually. Review your credit report for joint credit accounts and debts, and check if your spouse has been making recent credit card purchases.

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 Posted on April 04, 2025 in Illinois Divorce

 In Illinois, a contested divorce is when the spouses cannot agree on vital issues, such as child support, child custody, parenting time, and property division. Unlike an uncontested divorce, where the spouses agree on all terms, a contested divorce usually entails a complicated and longer legal process. If you face a contested divorce, hiring a seasoned Illinois divorce attorney is critical for avoiding legal mistakes and obtaining a fair legal outcome.

Misunderstanding Legal Procedures

A substantial risk of not hiring a divorce attorney in a contested divorce is potentially misunderstanding legal procedures. The family court requires detailed paperwork, such as a Petition for Dissolution of Marriage, financial affidavits, and a parenting plan proposal if there are children in the marriage. Filing these legal documents incorrectly or missing deadlines can delay the divorce and sabotage your case. Without an attorney’s guidance, you may also fail to serve the other party with divorce documents or respond correctly to their divorce filings.

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 Posted on March 26, 2025 in Asset Division

When you first got married, you may not have had a lot of money and never considered divorce as remotely possible. So, you did not obtain a prenuptial agreement. Years later, you might have significant assets and worry about what could happen to your finances if you divorce.

At Weiler & Associates, Inc., we may recommend that you create a postnuptial agreement with your spouse. A postnup can benefit both spouses in several ways. Speak to our Illinois family law attorneys if you have follow-up questions about postnuptial agreements.

What Is an Illinois Postnuptial Agreement? 

A postnuptial agreement is a legal contract signed by both spouses after marriage. The postnup details how assets, debts, and other critical financial concerns will be handled if the couple divorces. Unlike a prenup, a postnuptial agreement deals with financial matters during the union. In Illinois, a postnuptial agreement must have these features to be legally binding: 

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 Posted on March 18, 2025 in Illinois Divorce

Couples divorce for many reasons. There may be financial concerns, infidelity, or the simple realization that both spouses want different things and cannot live happily together. Whatever the cause for the split, the situation can be especially traumatic for children in the home. Fortunately, there are several effective strategies to ensure your children are protected during this challenging time.

At Weiler & Associates, Inc., our Illinois divorce attorneys can assist you if you are going through a divorce and have questions about child custody, visitation, alimony, division of assets, and more. Our firm’s founding partner Rory T. Weiler was named the 2022 Lawyer of the Year for Family Law in Chicago by Best Lawyers.

Never Quarrel Around the Children 

One of the most damaging things children can experience during divorce is watching their parents fight regularly. Children around constant parental arguing and bickering may develop emotional and behavioral issues. Many studies have demonstrated that children who witness their parents fighting are more likely to develop depression, anxiety, low self-esteem, and anger issues. Keep disagreements with your spouse away from the children.

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 Posted on March 11, 2025 in Asset Division

Dividing retirement benefits in an Illinois divorce is a tricky process, especially when dealing with employer-sponsored retirement accounts. Qualified Domestic Relations Orders (QDROs) and Qualified Illinois Domestic Relations Orders (QILDROs) are important legal tools that are often a part of this process.

However, just because you have retirement accounts does not necessarily mean you will need to use a QDRO or QILDRO. Understanding when and how to use each one is the first step in negotiating a fair division of retirement funds, and our Illinois divorce attorneys are here to help.

When Are QDROs and QILDROs Used?

Divorcing spouses use a QDRO or QILDRO when one spouse is entitled to part of the other spouse’s retirement benefits when they divide their assets during divorce. Without these orders, plan administrators cannot legally give any money to the non-account-owning spouse (also called the "alternate payee").

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 Posted on March 06, 2025 in Asset Division

Illinois law requires both spouses to fully and completely disclose their assets during the divorce process, but that does not stop some people from trying to hide money. If you suspect that your spouse is not being honest about their finances, there are legal ways to uncover the truth and make sure the property division process is fair. At Weiler & Associates, Inc., our Illinois divorce lawyers are experienced and include a Certified Financial Litigator to help you with challenging financial issues.

How Do People Hide Assets During Divorce?

Some people go to great lengths to manipulate financial records, shift money around, or underreport their true income. One of the most common methods involves transferring money to a friend or relative under the guise of repaying a debt or giving a gift. The receiving party typically returns the money once the divorce is finalized.

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 Posted on February 25, 2025 in Child Support

Falling behind on child support can happen to even the most well-intentioned parent and creates a very stressful situation, especially when tax season comes around. If you are worried about whether the government can take your tax refund to cover unpaid child support, first, know you are not alone. Next, understand that the answer to your question depends on whether a court order for collection is already in place.

If you have not yet been through enforcement actions like court proceedings for wage garnishment or tax refund interception – which usually happen after being very late on large amounts of child support – you may still have time to resolve the issue before your refund is seized. However, once the state flags your overdue payments, your refund, and possibly even other sources of income, could be taken to cover what you owe. At Weiler & Associates, Inc., our Illinois child support lawyers help parents manage challenging child support issues including payment options, and we are here to help you, too.

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 Posted on February 18, 2025 in Illinois Divorce

For some couples, divorce does not mean a complete break from one another. Whether you co-own a business, work in the same professional field, or hold leadership roles in adjacent organizations, maintaining a productive working relationship might be a necessity after divorce. While emotions may still be raw, for ex-spouses in these situations, professionalism must take priority.

If you need to work with your ex, success will lie in setting clear boundaries, using communication strategically, and prioritizing the business or workplace over your personal history. Here are some practical strategies for making this arrangement work. Contact our Illinois divorce attorney if you have further questions or need help with your divorce.

Set Clear Boundaries Right Away

One of the first and most critical steps in working together after your divorce is defining professional boundaries. Personal issues should not interfere with business operations, and both of you must commit to maintaining a work-focused mindset.

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 Posted on February 11, 2025 in Illinois Divorce

Divorce almost always brings major financial changes. Even once divorce is over and financial issues have been settled, moving forward requires careful planning. Whether you have gone through a high-asset divorce, faced complex financial disputes, or need to adjust to living on a single income while paying child support, it pays off in the long run to take smart steps now.

One of the best ways to do this is by working with an Illinois family law attorney who can provide the guidance you need to rebuild with confidence.

Understand Your New Financial Reality

The first step in shoring up your finances after divorce is to make sure you really understand your new financial situation. Make sure you know every last detail about your divorce settlement’s terms on asset division, spousal support, and any other financial obligations, especially monthly payments. You will likely need to adjust your budget to reflect a single income, which means you may also need to start tracking expenses and cutting down where you can.

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