Posted on May 26, 2025 in Asset Division

Getting through the property division component of an Illinois divorce sometimes requires stamina, especially if you are a high-net-worth individual. Non-marital property, often called separate property, that you think belongs solely to you can become marital property without you being aware of it, and you may find yourself dividing assets that you thought you would keep. To ensure you have a fighting chance at negotiating a fair settlement, contact an experienced St. Charles, IL divorce attorney as soon as possible.

What Does It Mean for Separate Property To Become Commingled in Illinois?

Illinois law calls for the equitable distribution of marital property and debts in the event of a divorce. The first step in that process is categorizing all your property as marital or non-marital. Non-marital property is not divided. However, the lines can blur when assets acquired before marriage become commingled, making all or part of them subject to fair division as if they were marital property.

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 Posted on May 14, 2025 in Prenuptial & Postnuptial Agreements

If you are walking into a marriage with a high net worth, a prenuptial agreement, also known as a premarital agreement, is an important tool to ensure your financial wellness. Before speaking with an experienced St. Charles, IL prenuptial agreement attorney, consider some elements of the prenup process that are especially important for people with a high net worth and large asset portfolio.

What Are the Key Components of a Prenup in Illinois?

An essential component of prenuptial agreements is the plan for the division of assets and debts. For a high-net-worth individual, this can include securities, investments, businesses, retirement accounts, and more. A well-written prenup will define the allocation of these assets with clarity and detail to ensure a fair and simple resolution during divorce proceedings. The terms for spousal support are also important for protecting the standard of living for both parties. When crafted properly, the prenup will help mitigate disputes over alimony and financial expectations.

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 Posted on May 06, 2025 in Asset Division

When a couple divorces, the division of assets can become particularly complex when one or both spouses own a business. Whether the company is a family-run operation, a professional practice, or part of a larger enterprise, understanding its value is the first step in ensuring a fair and equitable settlement under Illinois law.

Across Illinois, divorcing spouses with these complex financial considerations need to find representation from a lawyer with strong legal and financial insight. At our firm, our Kane County, IL divorce attorneys offer exactly that — including the perspective of a Certified Financial Litigator who can break down the numbers and help clients make informed decisions about their business interests.

Is My Business Marital Property?

A business is usually considered marital property if it was started during the marriage or if it grew significantly in value during the marriage due to either spouse’s contributions. This means that even if only one spouse ran the company, the other may still have a legal claim to a portion of its value. Determining that value is the first step in negotiating a fair property division.

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 Posted on April 29, 2025 in Illinois Divorce

It can be heartbreaking to learn that your spouse has decided to file for divorce when you do not want the marriage to end. You may feel shocked, confused, or desperate to fix things. While Illinois law does not allow one spouse to legally block a divorce, that does not mean you are powerless.

If you want to save your marriage, there may be steps you can take to encourage your spouse to rethink their decision. Ultimately, however, divorce is a unilateral legal process, meaning one spouse can decide on their own to get a divorce and the court will see the process through. 

It may be tempting to not cooperate at all with a spouse who is filing for divorce if you do not want to get divorced. Unfortunately, not cooperating may end up being the worst thing you can do, especially if your spouse is certain to end the marriage. Whatever your circumstances may be, a Kane County family law attorney can help you understand your rights and prepare for whatever comes next.

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 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 Finances and Divorce

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 Prenuptial & Postnuptial Agreements

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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