What changed in 2025 Illinois divorce law that most affects business owners?

The most significant change for business owners is the income imputation requirement. Under amended 750 ILCS 5/505(a)(3.2b), courts may impute income for child support purposes only after conducting an evidentiary hearing or obtaining agreement from the parties. The court must also make specific written findings identifying the factual basis for any imputation. This procedural protection makes it harder to inflate a business owner's income based on assumptions rather than evidence.

How is relocation distance measured in Illinois after the 2025 update?

Under 750 ILCS 5/600(g), relocation distance is measured using an internet mapping service and surface roads. When multiple routes exist, the shortest route distance is used. This clarification eliminates the previous ambiguity about whether distance should be measured as the crow flies or by driving distance.

Do relocation thresholds differ between Chicago-area counties and the rest of Illinois?

Yes. In Cook, DuPage, Kane, Lake, McHenry, and Will counties, relocation is generally triggered when a parent with majority or equal parenting time moves more than 25 miles from the current residence. In all other Illinois counties, the threshold is more than 50 miles. For moves outside Illinois, the threshold is generally more than 25 miles regardless of which county the family currently resides in.

Can a parenting plan be considered final even if the divorce is not yet complete?

Yes. Under Public Act 103-967, once a parenting plan or allocation judgment is approved or entered by the court, it is considered final for purposes of modification or appeal while the underlying divorce action remains pending. However, if the underlying action is dismissed, the parenting order becomes void and unenforceable. This means early parenting terms carry significant weight and should be negotiated carefully.

What is double dipping in an Illinois divorce, and how can business owners avoid it?

Double dipping occurs when the same income stream is counted twice: once when valuing and dividing a business as marital property, and again when calculating ongoing maintenance or support. Illinois courts recognized this problem in In re Marriage of Schneider (2005). To avoid double dipping, business owners should ensure their valuation assumptions and support calculations tell one coherent financial story. Work with your attorney and financial experts to clarify whether income was captured in the business valuation or remains available for support purposes.

What is the difference between enterprise goodwill and personal goodwill in Illinois divorce?

Enterprise goodwill represents business value that exists independently of any individual owner, such as brand recognition, location advantages, trained workforce, or established customer relationships. Personal goodwill represents value tied specifically to the individual owner's reputation, skills, and personal relationships. Under Illinois law established in the Zells, Talty, and Schneider cases, enterprise goodwill is divisible as marital property, while personal goodwill is not. This distinction can significantly affect business valuation outcomes for founder-led companies and professional practices.

Author: Jessica Marshall

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Published March 7, 2026

Categorized as Business Owner Divorce

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Posted By Jessica Marshall

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Categorized as Property Division

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Posted By Jessica Marshall

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Categorized as Divorce, Family Law, Prenuptial Agreements

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