When getting a divorce, couples have a lot to think about. They will likely wonder what will happen to their car, to the marital home, and other assets. One factor that is often overlooked though, is the family pet. If the pet was acquired during the marriage, it is considered marital property. So, when this is the case, what happens to the pets in an Illinois divorce?

Pets According to Property Division Rules

In many cases, the courts may choose to include the pet in property division hearings. This means it will be treated just like other property. Illinois is an equitable distribution state. That means that property is divided fairly, although not necessarily equally. Of course, a pet cannot be divided, leaving many couples again wondering what will happen to it in a divorce.

If one of the spouses really wants to keep the pet and both spouses can agree, the courts may grant ownership to the spouse that wants to keep the animal. In exchange, the courts will also likely grant the other spouse a greater portion of other property or assets, in order to keep property division hearings fair.

When two people decide to make a split in their relationship, one of the first and most difficult decisions is often where the couple will live. If they are not married but only living together, the choice is often much simpler, as the person whose name is on the lease or mortgage will inevitably retain use of the property. If a true joint lease or mortgage, then it can indeed be every bit as complicated. But for a married couple - especially with children - the challenge is deciding who will stay in the marital home. In most cases, men tend to be the ones to depart quickly upon conflict. But this may not always be a good decision. So, before you move out of the marital home, here are some considerations you might want to discuss with a DuPage County divorce lawyer.

He Who Stays and He Who Pays

Effective January of 2019, Illinois’ child support statute has dramatically changed. Unlike before, the law no longer creates a strict guideline based on just the number of children a couple has. Instead, the new law takes into considerations such as:

• How many children the couple has
• Whether there are children from other relationships
• Who is paying health and dental insurance
• Who is paying daycare and other childcare expenses
• Relative income of both parties
• The relative amount of parenting time each parent has

This is a significant departure from the past, and it can be a good thing for parents who have fairly equal parenting time with a spouse who earns far less. By having more equal parenting time and covering extra expenses for the kids, it reduces the amount of direct support that must be paid, if any. However, it is important to keep in mind that the marital home has a somewhat intangible effect on parenting roles. Here is why.

Prenuptial agreements can be used for a variety of marital reasons, and one of those reasons is for debt protection. The average American has more than $38,000 of debt, and this does not even take into account home mortgages. Millions of Americans are so deep underwater on their mortgages and other loan payments that they are will likely end up being in debt until the day that they die.

Surprisingly, Americans are taking on more debt each and every year, despite knowing the consequences. Credit card debt is now tied with home mortgage debt, followed by student loans and car loans. The later comes as little surprise when the average new car price tag comes in at more than $37,000. The last thing that you want to do when you marry the love of your life is to begin worrying about your spouse’s high debt and financial troubles. After all, financial turmoil is one of the most common stress points in marriage.

Will a Prenuptial Agreement Protect Me from My Spouse’s Debt?

Debt acquired before marriage is not the legal burden of the other spouse. If your soon-to-be-spouse has a $40,000 in student loans, you will not suddenly be responsible for that debt when you marry. Similarly, if your spouse fails to make timely payments on that debt, your credit score will not suffer as a result. However, if you are a co-signer with your spouse onto a credit card or other type of loan, you will be held financially responsible for that debt, even if you end up not doing any of the spending.

Many of the laws surrounding divorce can seem complicated, unnecessary, poorly thought-out, or just plain wrong depending on your side of the argument. For example, disability benefits can be garnished to pay alimony or child support. For some, this may seem like an unfair demand or request. On the other hand, the receiving spouse may rely on that money to make rent or pay for their child’s healthcare expenses. An experienced Hinsdale divorce attorney can help explain how disability benefits can and cannot be divided during divorce.

Does Social Security Disability Income Get Split as a Marital Asset?

Over 10 million Americans rely on Social Security Disability Income (SSDI), with the vast majority of those people being disabled workers. If you are receiving SSDI benefits through your own work record and health condition, your disability benefits will not be altered during divorce in regards to division of marital assets. Similarly, if you were receiving SSDI benefits as a spouse to the person with a disability, your spousal SSDI benefits will not be affected unless you were married for fewer than 10 years.

How Do Child Support and Alimony Affect SSDI Benefits?

SSDI benefits can be garnished for child support or spousal support if those court-ordered payments are not being provided in a timely fashion to the receiving spouse. Whether you are the party with the condition or you are the party that is receiving SSDI benefits as a former spouse, your SSDI payments can be redirected to the other party to ensure that support orders are fulfilled.

Most divorces take a number of months to finalize—six months to a year is common. During this time, one of the spouses typically moves out of the house, as continuing to live together is too much strain on the couple as well as the children. During this time, temporary orders of custody and support can be provided by the court. One of the most important and useful court orders is temporary alimony, referred to as bridge the gap alimony. This money helps the lower-earning spouse pay bills and expenses during the divorce process.

Bridge the Gap Alimony Can Pay for Rent

If the lower-earning spouse moves out of the home, they either have to rely on family and friends to house them, or they will be forced to rent an apartment or house. The average Hinsdale apartment, which is just 1,100 square feet, comes with a price tag of $1,400 per month in rent. A larger apartment or house can easily double that cost. The median rental cost (including houses) in Hinsdale is $3,500. Bridge the gap spousal support can help the lower earning spouse afford to pay rent for a suitable house or apartment that matches the lifestyle that they have grown accustomed to during the marriage.

Similarly, bridge the gap alimony can be used to pay for the mortgage if the higher-earning spouse does not jointly own the property in which the lower-earning spouse is living. The wealth of each spouse weighs heavily on all alimony decisions. If the higher-earning spouse is much wealthier than the lower-earning spouse, a court may find it reasonable for the higher earning spouse to cover the mortgage during divorce with bridge the gap alimony.