In the state of Illinois, the division of property between divorcing spouses includes any cars owned by the couple. How vehicles are divided is determined along with other property and assets during the divorce process. Many couples are able to work together to reach an agreement on how to divide assets, but if a settlement cannot be reached through negotiation, mediation, or collaborative law, the distribution of property between the spouses will be determined in court during a trial.

When deciding who will get which marital assets, the court will consider what is “equitable” rather than what is “equal.” This distinction, which is specific to Illinois and many other states, will be discussed further in our next blog post. Regarding cars in general, there are some guidelines to follow when dividing this type of property.

Cars: Separate Property or Marital Property?

Before anything else, it must be determined if the vehicle being discussed is separate property or marital property. Separate property is usually any of the following:

While many of the typical reasons for divorce are longstanding and straightforward, there are some subtler causes that you and your spouse might not have been as attuned to in recent years. Due to new approaches toward marriage and divorce, nearly 50% of married couples may see their marriage end in divorce. Some of these trending causes of divorce include:

1. Level of interest in having children—For many years, having children was the logical and most common next step taken by a couple after getting married. These days, as evidenced by decreased birth rates, spouses are viewing having children as less of a necessity and more of a personal desire. If you want children, and your spouse does not, this could be a contributing factor to divorce.

2. Parental interference—If you or your spouse spend a large amount of time with your parents, this may reduce the amount of quality family time you spend with each other. Parents can also influence a spouse’s attitude or approach toward major life decisions in ways the other spouse does not agree with, which can lead to friction in the relationship.

   ...

In 2016, Illinois became a “no-fault divorce” state. This means that, in the view of the law, the only acceptable grounds for divorce in Illinois are “irreconcilable differences.” Irreconcilable differences are defined as the “irretrievable breakdown” of a marriage in which attempts at reconciliation have failed, and any further attempts at reconciling the marriage will not be in the best interests of the family.

In most cases, a couple will agree that their marriage has experienced an irretrievable breakdown, and they will simply need to state this in the divorce petition filed by one spouse. However, if one spouse does not agree that the marriage should end, irreconcilable differences will be presumed if the couple lives “separate and apart” for at least six continuous months.

Since irreconcilable differences now apply to every divorce in Illinois, they can encompass a wide variety of reasons that people get divorced. For this post, we will focus on typical reasons for divorce to help you decide if divorce is the right move for your relationship. However, in our next blog post, we will look at some trending reasons for divorce that are less traditional but are still quite common.

While getting a divorce at any age can be one of the most challenging life changes you will ever face, when you decide to get a divorce at age 50 or older, the situation can be even more complicated and difficult. How will your older sons and daughters react? What will happen with your retirement accounts? What about health insurance? How will you be able to start over at such an older age? There are many issues to consider, and that is the main reason finding an experienced divorce attorney is critical to your success.

Distinct Differences When Divorcing After 50

While many of the usual issues considered during divorce are also relevant to a divorce late in life, there are some actions that need to be approached differently or with extra caution when you are 50 or older. Major differences to take into account when divorcing after 50 include:

• Development of an Asset Inventory: In many cases, only one spouse will have a comprehensive understanding of the marital assets possessed by a married couple. For the fairest results during a divorce, both sides must have an in-depth knowledge of their assets. After all, by 50, you and your spouse have probably been accumulating property for many years. This includes life insurance policies, retirement accounts, and the house.

  ...

Financial issues often play a major factor throughout a marriage, and they can even cause a couple to divorce. In some cases, a couple may get used to a certain lifestyle during the marriage. Whether one spouse earned a substantially higher income, or the other spouse stayed home to raise children, a divorce can significantly impact their situations moving forward. When going through a divorce, spouses may wonder about the aftermath and how they can move on. Some of the typical fears are: “Can I afford to stay in the house?” or “How will I be able to pay bills?” Under Illinois law, one partner may be able to seek spousal maintenance once the marriage ends. A court will consider several factors when determining whether to award maintenance and what kind of payments are necessary.

Spousal Maintenance Payments

Illinois courts will look at different issues to determine if spousal maintenance (which is often referred to as alimony or spousal support) is warranted. These factors can include the income level of both spouses, their health and ages, and how long the marriage lasted. Support is based on need, and both women and men are eligible to receive payments. The following are three types of spousal maintenance payment options:

• Permanent or Indefinite Maintenance: For marriages which lasted at least 20 years, Illinois allows for the payment of maintenance until one of the parties dies. However, payments can be terminated if the receiving spouse remarries or if the paying spouse retires.

  ...