There is much discussion as to both the perception of and the strategic impact of filing first in an Illinois divorce. Filing first in an Illinois divorce case is NOT always the smart move, however. There are numerous disadvantages to filing first in an Illinois divorce case. If you are not filing for divorce first, you do NOT know when your spouse will file for divorce. The only thing you know is that the filing will happen in the future. A later filing date may be in your interest if you expect to receive maintenance (formerly known as alimony). The duration of maintenance payments is based on the length of the marriage UP TO the date of the filing of the petition for dissolution of marriage. Maintenance “shall be calculated by multiplying the length of the marriage at the time the action was commenced by whichever of the following factors applies: less than 5 years (.20); 5 years or more but less than 6 years (.24); 6 years or more but less than 7 years (.28); 7 years or more but less than 8 years (.32); 8 years or more but less than 9 years (.36); 9 years or more but less than 10 years (.40); 10 years or more but less than 11 years (.44); 11 years or more but less than 12 years (.48); 12 years or more but less than 13 years (.52); 13 years or more but less than 14 years (.56); 14 years or more but less than 15 years (.60); 15 years or more but less than 16 years (.64); 16 years or more but less than 17 years (.68); 17 years or more but less than 18 years (.72); 18 years or more but less than 19 years (.76); 19 years or more but less than 20 years (.80). For a marriage of 20 or more years, the court, in its discretion, shall order maintenance for a period equal to the length of the marriage or for an indefinite term.” 750 ILCS 5/504(b-1)(1)(B) Likewise, if your spouse is accumulating assets, those assets are considered marital and, thus, divisible until the day you are divorced. “For purposes of distribution of property, all property acquired by either spouse after the marriage and before a judgment of dissolution of marriage or declaration of invalidity of marriage is presumed marital property.” 750 ILCS 5/503(b) The later the […]
