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IL divorce lawyerStudies show that Americans spend a great deal of time on the internet. Whether working remotely, streaming videos, or using social media to keep up with friends and family, we are constantly online. If you are like many people considering divorce, you may wonder if your online activity can impact your divorce. Perhaps you have posted some things online that you are not proud of or shared information about the divorce on your Facebook or Instagram account. If you are already separated, you may even use online dating applications like Tinder.

What you do and say online can be used as evidence in a divorce case. Even posts that were deleted or set to “private” may be used against you in a divorce. If you are getting divorced and you have questions or concerns about how your online activity may impact the case, make sure to reach out to an experienced divorce lawyer for help.

Can Courts Use Online Content to Decide Divorce Issues?

If you use social networking sites or dating apps, have a blog or YouTube channel, or otherwise post information online, you probably wonder how this information could be used in a divorce. Online content, especially social media content, is increasingly used during divorce cases. There are many different ways that what you post online can impact divorce.

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IL divorce lawyerDividing a divorcing couple’s property, money, and debt is an important part of the divorce process. It is also one of the most complex aspects to many divorce cases. If you are getting divorced, you will need to identify each of your assets as either non-marital assets or marital assets. Both spouses have a right to a share of marital property whereas non-marital property belongs only to one spouse. Identifying, valuing, and dividing assets in a divorce can be further complicated by factors such as:

Non-Disclosure of Assets and Debts

Before a married couple can divide their assets and debts during divorce, they must take a full inventory of those assets and debts. Each spouse is asked to provide a financial affidavit listing their property, liabilities, income, and expenses. This financial disclosure may include bank account balances, real estate, stocks, investments, retirement accounts, loans, mortgages, and much more. Financial data from the affidavit influences everything from property division to child support, so accuracy is crucial.

Unfortunately, some spouses intentionally or intentionally leave out information on their affidavits. Hiding assets, undervaluing property, overvaluing debts, or other forms of deception during divorce are not only illegal, but they also increase the complexity of the divorce significantly. Formal discovery tools including depositions and subpoenas are often needed to uncover accurate financial information when a spouse lies on his or her financial affidavit.

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Naperville divorce attorneyOriginally posted: October 16, 2017 -- Updated: 11.9.2021

Changes to federal tax laws in 2019 changed the way that spousal support is taxed in Illinois and throughout the U.S. Before 2019, spousal maintenance payments were tax-deductible for the payor. The recipient spouse could claim alimony or spousal support payments as taxable as income. Presently, spousal maintenance is not deductible from the income of the payer spouse. Additionally, the receiving spouse cannot include maintenance payments as income on their taxes.

Divorce can have a massive financial impact - especially when a divorcing spouse is dependent on their soon-to-be-ex-’s income. The purpose of spousal support or spousal maintenance is to offset the negative financial impact of divorce. Maintenance payments can give a stay-at-home parent or non-working spouse time to gain the job skills or education needed to be financially independent.

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