The money you and your spouse earn will still be considered jointly owned – the debt each of you incur is still shared.
Referred to legally as "dissipation," and more fully analyzed by Katz & Stefani attorney J.
Matthew Linstroth (see K&S Blog Post, March 17, 2016), is defined as spending money from the marital estate by one spouse for a purpose unrelated to the marriage --- commonly spent on an individual who is not your spouse.
You will have to agree on where each of you will reside and make arrangements for spending time with your children also.
Putting the specifics of an agreement down in writing with a specific date to end a trial separation, may provide a needed buffer to reconcile your differences or determine that a divorce is the best option. Both spouses fully intend to divorce and are living apart, but have not initiated a divorce for reasons that may include maintaining insurance benefits or even waiting for a convenient time execute a divorce.
Illinois, like almost every other US state is a "no fault" state --- meaning, your romantic or sexual history or future will not color the division of property or allocation of parental responsibility, as long as you are aware of and heed these warnings:1.
Spending on your new significant other One of the first items seasoned divorce attorneys examine during a divorce is how money is spent on a new significant other or just a fun fling.Protect your heart by limiting expectations from new relationships. Whether it is emotional or financial, be wary of jumping into a serious relationship or even another marriage too quickly.It is perfectly OK to open your heart again, but make sure not to let overwhelming feelings cloud good judgement.Unless that income comes from a non-marital source, a narrowly defined area of the law and one that warrants its own post(s), that money is marital and considered dissipation under Illinois law. improperly used for the sole benefit of one spouse, for a purpose unrelated to the marriage, at a time when the marriage is undergoing an irreconcilable breakdown.” See In re Marriage of O’Neill, 138 Ill. If you believe you can hide such dissipation, be forewarned: attorneys have mechanisms, such as subpoenas at their disposal, which are essentially court orders to entities to release all documents in which a spouse in divorce proceedings has an interest. Go slowly and carefully with your treatment of new or established relationships.In addition, counsel for your spouse will likely depose you or examine you in court under oath, and may also question your romantic interest if relevant, all under the gaze of strangers and your spouse. Not only do you need to return the money and property to the marital estate, you may risk additional sanctions and you have just wasted additional time and attorneys' fees -- not to mention risking your new relationship as these third parties DO NOT want to be dragged into your divorce.2. And consider having your attorney negotiate this terminating event out of the final settlement if possible to avoid the headache of post-decree surveillance and litigation. Putting your children in an uncomfortable situation Children appear resilient, but for many kids, appearing resilient is a mask to guard themselves -- and often you -- from the uncomfortable feelings that accompany the dissolution of their parents' marriage.It is not the same as simply separating from one’s spouse (i.e.