Government policy is rarely straightforward, but changes in the law can make it even harder to analyze. Such is the case with Social Security benefits after divorce, the rules around which may change depending on when you were born. Fortunately, however, with the help of a knowledgeable Illinois divorce attorney, you can learn everything you need to know about your Social Security benefits after divorce and how you can negotiate a fair divorce settlement that minimizes the impact of divorce on your retirement plans. 

Do I Lose Social Security Benefits if I Get Divorced? 

Although privately owned property like pension accounts and 401(k)s are divisible as marital property in a divorce, government Social Security benefits are not. Even if your spouse depends on your benefits for their own, your benefit payments will not be affected. Rest easy knowing that this portion of your retirement plan is untouched by divorce. 

Can I Get Social Security Benefits Based on My Spouse’s Income? 

In certain circumstances, divorced spouses can get Social Security benefits based on their ex-spouse’s earning history. However, there are slightly different rules you must follow depending on the year you were born. If you were born before 1954, you can file for benefits based on your spouse’s work record first and later draw on your own benefits if they eventually become greater. If you were born in or after 1954, however, you must apply for all available benefits, and whichever is higher (yours or your spouse’s) are the payments you will always receive. 

Divorce is fraught with complex issues that must be addressed, and perhaps none more so than the issue of marital asset division. Once an Illinois couple’s relationship has irretrievably broken down, neither spouse rarely looks out for the other spouse’s well-being. Financial negotiations must be undertaken that are fundamentally zero-sum in nature; what one spouse gets in a divorce, the other spouse must necessarily lose. 

It is natural, therefore, for there to be an element of self-preservation in the asset division process. Spouses who are high-income earners are perhaps especially wary of being taken advantage of or losing hard-earned income. When it comes to commissions, bonuses, and other rewards for employee performance, individuals may be wondering whether they get to keep the fruits of their labor or if they must divide it with their spouse. 

Bonuses, Commissions, and Stock Options in Divorce

When it comes to determining whether performance-based compensation must be divided in a divorce, the answer, as with so many other grey areas of divorce, is “It depends.” Two things are primary determinants of whether performance-based pay is divided between spouses as marital income:

There are many reasons that a parent might want to establish paternity. Maybe the child's natural father is not involved in his or her life, and the parent wants to ensure that he has a legal relationship with his child. Or, the child may be entitled to certain benefits, like insurance or inheritance, that can only be accessed if paternity is legally established. Establishing paternity is also a prerequisite to requesting child support.

Paternity Benefits in Illinois

Whatever the reason, there are a few things that happen when a parent establishes paternity. First, both the child and the father will have a legal relationship with each other. This means that the father will have all of the rights and responsibilities of a parent, including financial responsibility for the child. The father gains the right to petition the court for parental responsibilities and parenting time. Parental responsibilities include making important decisions about the child's welfare, like where they will live, what type of education they will receive, and what their medical care will be. Parenting time is the time that the father spends with the child. This was previously called "visitation" in Illinois.

The second thing that happens when paternity is established is that the child gains certain rights and benefits. As mentioned before, the child may be entitled to financial support from the father through child support. Establishing paternity does not automatically establish child support as these are two separate legal processes. However, it is the first step in securing support. The child may also be able to receive health insurance through the father's employer, as well as social security benefits and inheritance if the father passes away.

Married couples entangle their lives romantically, legally, and financially. Ending a marriage is not as simple as deciding you no longer want to be married. There are seemingly countless issues to contend with. For many people, one of the greatest impediments to getting divorced is their living situation. With record-high inflation and skyrocketing housing costs, many people are unable to afford to move out of a shared home. If you want a divorce but you and your spouse cannot afford separate homes, you may worry that this will hinder the divorce process.

Divorce Grounds in Illinois

Fortunately, spouses are not required to separate before they can get divorced in Illinois. Currently, there is only one ground, or legal justification, for divorce in Illinois: irreconcilable differences. Illinois eliminated fault-based grounds such as adultery and physical abuse in 2016. The requirement that spouses live apart before filing for divorce has also been eliminated.

Presently, spouses can seek an immediate divorce if they both agree that irreconcilable differences have led to the irreversible breakdown of the marriage. However, spouses do not always agree to a divorce. Suppose one spouse believes that the marriage is salvageable and disputes that there are irreconcilable differences. In that case, the way to prove that there are irreconcilable differences is to live separately for at least six months. If you want to get divorced but your spouse will not concede that there are irreconcilable differences, living separately for at least six months establishes the legal justification for the divorce.

Getting married for the second time can bring about a host of different emotions. On one hand, a new romantic relationship is a reason for joyous celebration. On the other hand, individuals who have already been through a divorce may be nervous that their second marriage will also end in divorce.

If you are getting married for the second time, it is important to protect your rights and financial interests through a prenuptial agreement or postnuptial agreement.

How a Prenup Can Benefit You and Your New Partner

Many people hesitate to even consider a prenuptial agreement. They assume that only those people with little faith in their relationship would plan for the possibility of divorce. While, admittedly, prenuptial agreements are not the most romantic topic, signing a prenup comes with a multitude of benefits – even if the couple never divorces.