Dating During and After a Gray Divorce in Illinois

 Posted on January 22, 2021 in Divorce

If you are over the age of 50 and you are going through a divorce—or you have recently finalized your divorce—finding a new romantic partner may be the furthest thing from your mind. Sometimes, however, life throws curveballs, and the perfect person for you may come along when you least expect it. There is also the possibility that you have been emotionally checked out of your marriage for many years prior to your divorce, so you might actually be ready to look for love again as your divorce finalizes. Either way, there are some things you should know before you commit yourself to finding a new serious relationship in the wake of an older divorce.

Spousal Support Considerations

Legal professionals and relationship experts generally agree that it is best to put off getting into a serious romantic relationship until your divorce is completed. Ultimately, however, the decision is up to you, but you need to be careful because certain decisions could affect your financial future more than you might expect.

Under Illinois law, spousal support is not automatic in any divorce case, but it is relatively common in divorces between older spouses who have been together for many years. In many such cases, one spouse tends to be financially dependent on the other, making maintenance necessary for an equitable divorce.

If you receive maintenance as part of your divorce judgment, dating in and of itself will not jeopardize your eligibility to continue receiving payments. However, if you and your new partner move in together and begin living as a couple, your ex-spouse’s obligation to pay support could be terminated. This could be problematic if your budget depends on the maintenance payments you receive each month.

Social Security

Depending on your situation, Social Security benefits may be a concern for you as well, following your divorce. For example, you might be eligible for Social Security benefits based on the work record of your spouse rather than your own work record. These benefits may continue once you get divorced, even if your ex decides to get remarried. However, if you get married again, your eligibility for benefits based on your ex-spouse’s work record will end.

Obviously, dating a new partner does not mean that you will soon be moving in together or getting married, but these are important things to keep in mind as you move on to the next stage of your life.

A DuPage County Divorce Over 50 Lawyer Can Help

For more information about protecting yourself following your later-in-life divorce, contact an experienced gray divorce lawyer in Illinois. Call 630-634-5050 to schedule a free consultation with a member of the team at Goostree Law Group today. We will work closely with you to ensure that you have the resources you need to begin building the happier, healthier future you deserve.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000

https://www.ssa.gov/benefits/retirement/planner/applying7.html#h4