233 W. Wilson Street, Batavia, IL, 60510

How to Use Social Media to Tell Others About Your DivorceOne of the many uncomfortable tasks that you have following your decision to divorce is when and how to tell others about it. You need to break the news personally to your children and close family members. Some friends may also deserve to hear the news directly from you. What about the other people you interact with on a regular basis? It could be emotionally tiresome to repeat your divorce conversation with all of your friends and other social acquaintances. Some couples will instead announce their divorce on social media. Before you decide whether a social media announcement would be right for you, you should consider the potential benefits and pitfalls.

Advantages of a Social Media Announcement

The most appealing part of announcing your divorce through social media is that it removes the pressure of having numerous in-person conversations about your divorce. Beyond that, a well-executed social media announcement can help you control your public message about your divorce:

  • You and your spouse should use the same announcement so that your message is consistent.
  • You can set the tone for the message, whether it is somber or more hopeful.
  • You can use filters to determine who is able to see your announcement.
  • You can set clear boundaries for talking about your divorce any further.

Setting the right tone in your announcement can be helpful if you are worried about how people will respond to it. Your friends should follow your lead if you express that you hold no resentment or want to focus more on your roles as parents.

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What to Do If You Cannot Afford to Pay Child SupportNot all cases of a parent failing to pay child support involve “deadbeat” parents who are trying to shirk their financial responsibility. Sometimes, a parent cannot afford the payments due to circumstances that are out of their control, such as:

  • Losing their job
  • Suffering an injury that prevents them from working
  • Being forced to make a major purchase or go into debt because of an emergency

If you find yourself unable to keep up with your child support payments, you need to present the problem in court and see if you can reduce your payments.

What Not to Do

You can be found in contempt of a court order if you do not pay child support, even if you cannot afford the payments. Do not assume that it is okay to miss a payment without saying anything to your co-parent. Regardless of your financial means, you are still knowingly violating your child support order. You should also avoid creating an informal agreement with your co-parent where you reduce your child support payments or defer payment. A family law court will not recognize changes to your child support payments that are made outside of the court-approved order. An informal agreement will likely not protect you if your co-parent files a complaint against you for not paying child support.

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Preserving Your Retirement Benefits During Your DivorceDivorce has a way of affecting every aspect of your life – including your retirement plans. Getting a divorce can deplete your retirement savings, disrupt your scheduled contributions, and throw off your planned retirement age. Those who are most affected are people going through a grey divorce, which is when people age 50 and older divorce after several years of marriage. A person in their 50s has less time to adjust their plans before they retire. No matter your age, divorce does not have to decimate your retirement plan if you are prepared during your negotiations:

  1. Prioritize Retirement Benefits: The value of your retirement account is marital property that you include in the division of assets. In order to keep valuable property, such as your marital home, you could agree to give up a portion of your retirement benefits or forgo your claim to your spouse’s benefits. Making this deal may be short-sighted because you are depleting your retirement plan and paying for maintenance and property taxes on the home. It may make more sense to downsize your home and preserve your retirement benefits.
  2. Review Your Budget: Your individual expenses can increase after divorce because you no longer have two incomes to pay for everything. Some divorcees are also responsible for child support or spousal maintenance payments. One option to free up more income for immediate expenses is to decrease your regular contributions to your retirement plan. You should take a close look at your budget to determine how much money you need – including for your retirement – and conduct your divorce negotiations with that target amount in mind.
  3. Claim Your Share: Some people have not put much effort into their own retirement plans because they intend to live off of their spouse’s retirement benefits. You are still entitled to a share of your spouse’s retirement after your divorce, especially if you were married for a long time. You can receive Social Security benefits valued at half of your spouse’s benefits, as long as the benefits you would receive on your own are less than that amount. You can file a qualified domestic relations order (QDRO) to receive a portion of your spouse’s retirement plan. Payment can be delayed until you have reached retirement age.

Contact a Kane County Divorce Lawyer

Your retirement benefits may be one of the most important properties that you decide on during your divorce. A Batavia, Illinois, divorce attorney at Van Larson Law, P.C., understands that it is vital to include your retirement plans as part of your divorce. Schedule a free consultation by calling 630-879-9090.

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What Are the Limits of Recreational Marijuana in Illinois?After months of anticipation and preparation, recreational marijuana is now legal in Illinois. It is an exciting time for those who enjoy the use of cannabis, businesses that will profit from its sale, and residents whose previous marijuana possession convictions are being expunged. However, there are still limits to marijuana possession and use, just as with any controlled substance. Some marijuana laws are more restrictive than laws for alcohol and tobacco. If you are unaware of the rules for recreational marijuana, you may be at risk of facing drug-related criminal charges.

Possession

Firstly, you must be at least age 21 to possess marijuana in Illinois. There are also limits to the amount of cannabis you can possess:

  • 30 grams of cannabis flower
  • 5 grams of cannabis concentrate
  • 500 milligrams of THC in a cannabis-infused product

If you are a visitor to Illinois, those possession limits are cut in half. Possessing more than the legal limit is a criminal offense.

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How to Know Whether You Could Benefit from a Prenuptial AgreementNobody who is about to get married wants to think about the possibility that they may one day get divorced. You create a prenuptial agreement with that scenario in mind, which makes asking for a prenup an awkward conversation to have with your fiance. For some people, it is a worthwhile conversation to have given their individual circumstances. The agreement can decide how you will divide your marital properties and pay spousal maintenance at a time when it is easier to negotiate with each other than it would be during a divorce. Creating a prenuptial agreement would be particularly helpful if any of the following applies to you:

  1. There Is an Income Gap Between You and Your Partner: When one spouse is the breadwinner in a relationship, the other spouse becomes financially dependent upon the marriage. The solution in the event of a divorce is spousal maintenance paid to the lower-income spouse, but the higher-income spouse is likely to try to minimize those payments. By including spousal maintenance in the prenuptial agreement, the lower-income spouse has more certainty about the amount of financial support they would receive after a divorce.
  2. You Have Valuable Premarital Assets: It may not be worth the effort to create a prenuptial agreement if you and your spouse are entering your marriage with few assets. If you do divorce in the future, your financial situation may have changed enough that the property portion of the agreement would be obsolete. However, some people enter a marriage already owning valuable properties, such as real estate or a business. Though premarital properties are normally not divided in a divorce, it is easy for these valuable assets to become marital properties by comingling them with your marital finances. A prenuptial agreement can state that your valuable premarital assets would belong to you after your divorce.
  3. You Plan to Have Children: Prenuptial agreements are not allowed to decide issues such as child support or the allocation of parental responsibilities. However, raising your children may require one of you to take a step back in your career, whether it is leaving your job or passing up on opportunities for career advancement. As a result, your income may be lower than your spouse’s income, making spousal maintenance more important during a divorce.

Contact a Kane County Divorce Attorney

You cannot rush the creation of a prenuptial agreement. Signing the document without considering the consequences could put you at a disadvantage if you divorced. If you are considering a prenuptial agreement, you need to immediately contact a Batavia, Illinois, divorce attorney at Van Larson Law, P.C. To schedule a consultation today, call 630-879-9090.

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