Over the past decade, the number of LGBTQ+ couples who have chosen to get married has increased significantly. However, just like any other couple, an LGBTQ+ couple may face problems in their marriage that could lead to a separation or divorce. While the same laws apply to same-sex couples or other LGBTQ+ partners as in "traditional," opposite-sex marriages, there are a few unique issues that can arise in these situations. Because of this, it may be beneficial for LGBTQ+ couples to consider a prenuptial agreement. By discussing these issues with an attorney who is experienced in LGBTQ+ family law matters, couples can understand their options and the steps they can take to protect themselves.

Understanding Prenuptial Agreements

A prenuptial agreement is a contract made by a couple before their marriage. This agreement will address how certain matters will be handled if the couple chooses to get a divorce in the future. In general, a prenup can make decisions about the distribution of the couple's assets, and it may also address other financial matters, such as the allocation of debts or the payment of spousal support.

Benefits of a Prenuptial Agreement

Here are a few reasons why LGBTQ+ couples may want to consider a prenup:

For parents who are divorced or separated, sharing custody of children is not always easy. A parent who has been used to making decisions for their children, providing care at all times, and handling child-related issues that arise may struggle to let go during the times that their children are not with them. While a well-crafted parenting plan can alleviate some of these issues by establishing rules and boundaries and detailing how certain parenting issues will be handled by both parents, some concerns may still arise about whether children are being properly cared for.

One issue that parents may encounter may be related to the use of babysitters or other childcare options. If a parent learns that their children are regularly being left in the care of a babysitter or being sent to the home of grandparents or other extended family members, they may feel that the other parent is not living up to their responsibilities to provide the necessary care and supervision for the couple's children. To address this issue and ensure that children can be in the care of a parent whenever possible, parents may seek to implement the right of first refusal in their parenting plan.

What Is the Right of First Refusal?

Generally, the right of first refusal refers to provisions in which a parent will be offered the opportunity to care for children when the other parent will not be available. That is, if children are scheduled to have parenting time with a parent, and that parent cannot provide care during this time, the right of first refusal will require them to contact the other parent and see if they are available to care for the children before planning to have a babysitter or family member watch the children. Essentially, the other parent must first be given the opportunity to refuse to provide care before any other arrangements may be made.

Originally published: October 15, 2020 -- Updated: May 11, 2023

Update: As mentioned below, it may be necessary to establish paternity for a child even if a parent has died. By following the proper procedures to recognize that a person is the child's biological father, the child will be able to receive an inheritance from their father, which can provide them with substantial financial benefits both immediately and in the future. However, there are a number of other benefits of establishing paternity, including:

• Social Security benefits - Children who are under the age of 18 and unmarried can receive Social Security benefits through a deceased parent. If the parent was retired or received disability benefits, the child will generally be able to receive 50 percent of the benefits the parent was being paid before their death. If the parent had worked a sufficient amount of time and paid Social Security taxes, the child will generally be able to receive 75 percent of the basic Social Security benefit the parent would have been entitled to.

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If you are a business owner who is contemplating divorce, you may be wondering how the end of your marriage will affect your ability to continue owning and operating your business and generating income. This is a valid concern, and you may be worried that your divorce may affect both your personal life and your career, leading to disputes over the ownership of your business, as well as potential financial difficulties. By understanding how the divorce laws in Illinois may affect your business, the methods that may be used to establish the value of business assets, and your options for handling ownership of the business going forward, you can make sure you will be prepared to protect your interests during the divorce process.

Property Division and Business Assets

During your divorce, your marital property, which may include business assets, will be divided between you and your spouse. If the business is considered a marital asset, it will be subject to property division. As you determine how ownership of your business will be addressed during your divorce, you will need to consider the following:

• Was the business established or acquired during the marriage? If so, it will be considered marital property.

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Illinois courts consider child support to be the child's right. Every child deserves to have financial support from his or her parents, even if the parents are unmarried or divorced. When an official child support order is issued, the parent is required to pay the full amount, on time. Chronic failure to pay child support can lead to significant consequences.

Penalties for Failure to Pay Child Support

It is important to note that this blog discusses official child support orders, not handshake agreements between the parents. If a parent is not complying with a child support order, he or she can face a range of adverse consequences, including:

• Debt collection through a collection agency

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