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Power of Attorney and Divorce
If each of the spouses name themselves as agents in regard to written Power of Attorneys with respect to each other, the filing of a dissolution of marriage proceeding does not negate or abrogate Power of Attorney instruments. Therefore, each of the parties to the dissolution of marriage proceeding should confer with their attorney to determine appropriate action that should be taken, in regard to changing their estate planning documents, including any Power of Attorneys then in effect on the date the Petition for Dissolution of Marriage was filed. This could pertain to any type of Power of Attorney including, but not limited to, Durable Power of Attorney, Healthcare Power of Attorney, Property Power of Attorney, Limited Power of Attorney or any General Power of Attorney.
In Illinois, alimony is awarded without regard to marital misconduct. According to Illinois divorce law, the judge orders support from one spouse to the other if the parties cannot agree. The court awards alimony in a lump sum or for a fixed or indefinite period of time. The alimony may be paid from the income or property of the other spouse after considering all relevant factors, including the income and assets of each spouse, the needs of each party, the earning capacity of each party, any impairment of the earning capacity of the party seeking alimony caused by marital sacrifices, the time necessary for the receiving party to seek employment, the standard of living established while married, the length of the marriage, the age and health of both parties, and the contributions and services by the party seeking maintenance to the education or career potential of the other spouse.
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