Impact of Market Volatility on Divorce Agreements

Following more than a year of stock market euphoria, February 2018 is thus far a month serving as a harsh reminder of the concept of market volatility. For spouses contemplating or in the midst of a divorce, the takeaway transcends mere numbers on a balance sheet. In divorce cases, litigants have the option to take their case to trial or reach a settlement agreement. When litigants opt for the latter, their rights and obligations concerning issues of property allocation, spousal and child support, and the like are outlined in a Marital Settlement Agreement (“MSA”). The Illinois Marriage and Dissolution of Marriage Act (“IMDMA”) vests courts with the discretion to value assets and liabilities for purposes of property division as of the date of trial, or such other date as agreed upon by the parties or order by the court. 750 ILCS 5/503(f). Generally speaking, when litigants reach a settlement of their case, they use the date of divorce or one very close…

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