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Posted on in Divorce

Health Risks for Seniors Who DivorceDivorce can negatively affect the lifestyle of people of any age, but the health consequences are direr for senior citizens. Gray divorce, which is divorce that occurs between spouses age 50 and older, has greatly increased in recent decades, despite other age groups showing modest growth or decline. People’s health natural becomes more fragile as they grow older, and the emotional impact of divorce can worsen their health.

Stress and Depression

Divorcing after a long marriage is stressful and traumatic, even if you know that the divorce is in your best interest. You feel uncertain about your future without your spouse as your companion, and the financial agreement may have unsettled your careful retirement plans. Bad experiences from your marriage may also haunt your thoughts, causing symptoms similar to post-traumatic stress disorder. Prolonged feelings of stress and trauma often cause a deep depression, and it can be difficult to escape the cycle of depression if you are retired and living alone.

Physical Symptoms

Stress and depression can strain your body because of the way your body responds to these emotions. Stress causes your body to release adrenal hormones, which can be harmful if your body does it continuously. Senior citizens are less capable of handling the strain of stress hormones. As a result, stress and depression can increase the risk of:

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Injured Workers' Benefit Fund Gives Relief When Employer Lack InsuranceEmployers make their workers vulnerable when they do not provide the legally required workers’ compensation insurance. Injured workers may struggle to pay their medical expenses, particularly if their injuries prevent them from working. As an injured worker, you can file a lawsuit against your employer if it does not carry workers’ compensation insurance. Illinois provides an alternative compensation source through its Injured Workers’ Benefit Fund. The state maintains the fund with the monetary penalties that it collects from employers without workers’ compensation insurance. However, you must complete an arbitration process to collect from the IWBF, and the benefits can be less than what you would have received from a workers’ compensation settlement.

Receiving IWBF Benefits

Workers are eligible for IWBF pay only if their employers:

  • Did not have workers' compensation insurance; or
  • Refuse to pay the workers’ compensation benefits that were awarded to the worker.

You must file your IWBF claim with the Illinois State Treasurer, which manages the fund. During arbitration, the Illinois Attorney General’s office and possibly your employer will represent the defense, claiming that you should not receive the benefits. If the Illinois Workers’ Compensation Commission awards you the IWBF benefits, then you have 90 days to respond by filing for the benefits.

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Sun Glare Does Not Waive Vehicle Accident LiabilitySun glare can be just as dangerous of a vision hazard while driving as heavy rain or fog. National traffic crash studies estimate that sun glare causes a couple hundred accidents each year, but the number may not represent all of the sun-related crashes because police reports often cite other factors as the cause. Sun glare can temporarily blind you to obstacles in the road and is most prevalent at dawn and dusk during the spring and fall months. Drivers cannot use sun glare blindness as a defense against liability for a traffic crash that they caused.

Preventing Glare

You are expected to take necessary safety precautions against being blinded by sun glare or causing an accident if you are blinded. Unlike with severe weather, sun glare is not legally an “Act of God” that makes you unable to control your driving. There are several ways you can protect yourself and other drivers:

  1. Wear Polarized Sunglasses: Completely polarized sunglasses should eliminate the glare on your eyes, though you may still not have optimal vision.
  2. Clear Off Your Dashboard: Reflective objects on your dashboard can shine the sunlight onto your windshield and into your eyes.
  3. Use Additional Sun Visors: The standard sun visors in a vehicle may not deflect the sun from all angles. Installing additional sun visors can cover the gaps.
  4. Clean Your Windshield: Streaks and marks on your windshield can make the glare worse and reduce your visibility further.
  5. Change Your Driving Route: The sun will always rise from the east in the morning and set in the west during the evening. You can try to avoid driving in a direction that makes you face the sun.
  6. Drive at a Different Time: You can adjust your driving schedule so you are not traveling during the morning and evening hours when the sun glare is at its worst.

If the sun glare is blinding you, you should reduce your driving speed or pull over and stop. You cannot expect your visibility to suddenly improve.

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Illinois Inconsistently Applies Juvenile Detention PolicyIllinois has amended its juvenile crime laws in recent years to try to reduce the lasting damage that the justice system can cause. It is more difficult for the state to try a juvenile as an adult and easier for juvenile offenders to seal or clear their records. However, the use of detention centers is still negatively affecting some juveniles. Even police detention after an arrest can psychologically damage a child. Juvenile advocates are challenging the detention system, saying that detention centers do not meet the goal of rehabilitating the children.

Statistics Suggest Harm

Studies of people who served time in a juvenile detention facility as children show that the use of detention facilities often correlates with:

  • Lower high school graduation rates;
  • Lower rates of employment and income potential;
  • Higher occurrences of mental illness; and
  • Greater likelihood of becoming a repeat offender.

Other studies have concluded that areas that more often offer alternatives to juvenile detention have lower rates of juvenile crime.

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Four Strategies for Financial Success in Your Divorce NegotiationsSavvy divorcees view their division of property as a strategic accumulation of assets instead of a struggle to obtain as many valuable properties as possible. Some assets have a potential value that their current value does not reflect. Just as importantly, other properties may be more costly to hold onto than they are worth. You should prepare for your divorce negotiations by identifying goals. Here are four considerations for obtaining long-term financial success from your divorce agreement:

  1. Assess the Future Value of Your Marital Assets: You should use more than a property's current value when calculating an equitable division of property. Some properties can appreciate in value, such as market investments, real estate, and business interests. Identifying these potential growth assets will help you in choosing which assets you want to keep and preventing your spouse from taking advantage of you. You should ask for additional compensation if your spouse wants an asset that may be worth more than its current value.
  2. Balance Risk and Reward: Relying on the growth of your divorce assets may backfire if the assets do not appreciate in value as estimated. Many growth factors are outside of your control, such as the state of the economy and business markets. You should measure an asset’s potential for growth by both its high-end outcome and likelihood of growth. Protect yourself by keeping some marital assets that are certain to maintain their current value.
  3. Include Expenses in Property Valuation: Real estate, such as the marital home, is an enticing marital property because of its value and use. However, it also comes with many expenses, such as property taxes and upkeep. You should evaluate whether keeping a real property is worth the cost. Are you asking for the marital home because you need the home or because you want to keep a valuable property? You can receive several other properties in exchange for your marital home.
  4. Prioritize Your Vital Properties: Some marital properties are more important to you than to your spouse. Maintaining complete ownership of your business protects your primary source of income. Later in your life, you will rely on your retirement benefits to support your living expenses. You may need to give up other marital properties in order to have complete control over these vital assets.

Making a Plan

You should discuss your financial strategy for your divorce with your attorney before you begin your negotiations. A McHenry County divorce attorney at Botto Gilbert Lancaster, PC, can help you identify key properties and advise you on how to keep them. Schedule a free consultation by calling 815-338-3838.

Source:

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Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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