When family, wealth, and privacy are all at stake.

Before you make any major decision, and ideally before anyone files. The choices people make in the weeks before a divorce, such as moving out, moving money, or signing something “just to keep the peace,” can shape the entire case.

An early conversation does not commit you to anything. It gives you a clear picture of where you stand, what your options are, and what to protect while you decide. Some of my most important work happens before a single document reaches the court.

Illinois divides marital property equitably, which does not always mean equally. The court considers a range of factors, such as each spouse’s contributions, the length of the marriage, each person’s economic circumstances, and any prenuptial or postnuptial agreement.

The first question is always what counts as marital. Property acquired during the marriage is presumed to be marital. Gifts, inheritances, and property owned before the marriage are generally non-marital, although tracing them can become complicated when funds have been mixed over the years. Getting the classification right often matters more than any argument about percentages.

It depends on when and how the business was built, what it is worth, and who will run it going forward. If it was started or grown during the marriage, some or all of its value is likely marital.

Valuing a closely held business or professional practice requires a qualified business valuator, and the method matters. Illinois courts distinguish between enterprise goodwill, which belongs to the business and can be divided, and personal goodwill, which is tied to the owner’s own skill and reputation and is not divided as a marital asset.

Often the most workable result leaves the business with the spouse who runs it and balances the division with other assets or payments over time. Keeping operations stable is usually in everyone’s interest, including the spouse who is not involved in the business.

More than most people expect, though not completely. Divorce files in Illinois are generally public, but there are meaningful ways to limit what appears in them.

Illinois law allows a settlement agreement to state that its terms will not be written into the court’s judgment. The judgment then identifies the agreement and records that the court approved it, without reciting the financial details. Court rules also keep sensitive identifiers, such as Social Security and financial account numbers, out of public filings. Mediation and the collaborative process keep negotiations out of the courtroom entirely.

Privacy should be planned from the first conversation, not addressed after something has already been filed.

A carefully prepared prenuptial agreement is difficult to set aside in Illinois. A court will not enforce one if the spouse challenging it proves they did not sign it voluntarily, or that it was unconscionable when signed and they did not receive fair financial disclosure, did not waive that disclosure in writing, and could not reasonably have known the other spouse’s finances.

There is one important exception for spousal support. If a prenup limits or eliminates maintenance, and enforcing that term would cause undue hardship because of circumstances no one could reasonably foresee when it was signed, the court may order support anyway. The strength of an agreement usually traces back to how carefully it was prepared and signed.

Planning an agreement before or during a marriage? See prenuptial and postnuptial agreements.

They are often marital to the extent they were earned during the marriage, even if they will not vest until after the divorce. Illinois law specifically directs courts to allocate stock options and restricted stock when the divorce is finalized.

The harder questions are practical. Which grants reward work done during the marriage, and which are incentives for the future? How will taxes be shared? What happens if an award never vests? Executive compensation rarely fits neatly into a property list, so these terms need to be drafted with care and, often, with help from the client’s financial advisor or a financial neutral.

When the spouses’ combined gross annual income is $500,000 or more, the Illinois guideline formula for maintenance does not automatically apply. Instead, the court decides whether maintenance is appropriate, and in what amount and for how long, by weighing the factors set out in the statute.

Those factors include each spouse’s income and property, earning capacity, the standard of living during the marriage, the length of the marriage, and any agreement between the spouses. At higher incomes, preparation and a clear financial picture matter enormously, because the outcome is shaped by judgment rather than a formula.

Illinois no longer uses the word “custody.” Instead, courts allocate parental responsibilities, which has two parts: significant decision-making, such as education, health care, and religion, and parenting time.

Every allocation is based on the child’s best interests. Each parent must file a proposed parenting plan, usually within 120 days. The strongest plans are the ones parents build together, with enough detail on holidays, travel, schools, and communication that the children are never left guessing.

Every Illinois divorce is finalized by a court judgment, but most do not require a trial. Many are resolved through negotiation between attorneys, mediation, or the collaborative process, where both spouses and their attorneys commit to resolving the matter outside the courtroom.

In the collaborative process, communications are generally privileged and cannot be used as evidence in court. If the process does not succeed, the collaborative attorneys step aside and each spouse retains new counsel for litigation. That commitment is part of what makes the process work.

When a case does need to be litigated, I am prepared to do that. The right path depends on the issues, the people involved, and what the client needs to protect.

Yes. Many of my clients live, work, or hold assets in more than one place. To file for divorce in Illinois, one spouse must have lived in the state for at least 90 days, but the assets, businesses, and family members involved often reach much further.

When another state or country is involved, I coordinate with counsel there so that each part of the matter is handled under the right law. Questions such as where to file, which court has authority over the children, and how foreign or out-of-state assets will be divided should be answered early, because they can change the entire strategy.

Gather information, protect your privacy, and avoid sudden moves. Start with recent tax returns, account statements, business records, and any prenuptial or postnuptial agreement.

Do not move, spend, or hide marital funds. Illinois courts can hold a spouse accountable for marital money used for purposes unrelated to the marriage once it has begun to break down, and the effort to hide assets almost always costs more than it saves. Stay off social media about your marriage, keep your children’s routines steady, and do not sign anything before you understand it.

I do, as the case-managing partner, with a team chosen for what your matter requires. Depending on the issues, that may include other partners and associates at Beermann, paralegals, law clerks, and outside professionals, such as business valuators, financial neutrals, therapists, or child specialists.

You will always know who is involved and why. When you first call, you will most likely speak with Erin Feldman, who handles intake for my office with complete discretion.