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Presumption of Fraud with a Power of Attorney in Divorce
If a person or entity receives a Power of Attorney, there can be a presumption of fraud after receipt of the Power of Attorney in regard to any actions, during the lifetime of the maker, including by estate planning documents, that benefit or favor the holder of Power of Attorney. That does not mean that fraud has actually occurred. Rather, the presumption of fraud is intended to benefit the maker, who is in a vulnerable position. The presumption of fraud can be overcome by clearing convincing evidence, or more probably than that, that fraud did not occur with respect to transactions that benefitted the holder of the Power of Attorney during the lifetime of the maker or upon the death of the maker, pursuant to estate planning documents of the maker.
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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