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Can financial claims be made after divorce?

On Behalf of | Nov 12, 2021 | Divorce |

During a person’s marriage, every dollar they make is only half theirs. Money made during a marriage is considered marital property, and money made after divorce is separate. Money made after a divorce might be confusing since some circumstances in Illinois allow an ex to get part of income.

Understanding marital property

Marital property covers everything earned between the marriage date and the divorce date. There are exceptions to the law for gift and inheritance property. Your ex can still get part of the marital property after the marriage itself ends. An example of delayed marital property is a bonus from work.

Alimony modification

Alimony is complex because there isn’t a set number; every case is different. The alimony duration and entitlement depend on family court judges and states. A person pays alimony according to the ex’s needs and the person’s pay. The courts usually aim for enough money for the ex to live the lifestyle they’ve been living. The court may offer less money to the ex depending on what the person is making now. If a person gets a better job, a state can allow alimony modifications for their ex to receive more.

Child support

An ex can benefit from an increase in the child support obligation. Child support is straightforward in most states; the amount of child support depends on the salary for both parties during the child support hearing. If a person gets a raise before the hearing, the child support will be higher. Child support can be higher or lower during each modification motion.

Even though the marriage is over, there are several ways after the divorce to split pay. Another issue that affects post-divorce income is paying attorney fees for the other party. Attorney fees can be from alimony, child custody and child support hearings. A situation like this may occur if the ex can’t pay for their attorney.

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