Who gets the house in a divorce Illinois?
Illinois is not a community property state – it is an “equitable division” state. That means marital property and debts need not be divided 50 / 50. Rather, the law requires property to be divided “equitably.” Many cases are resolved with 60/40, 70/30 splits and some even allocate ALL marital property to one spouse.
How long do you have to be married in Illinois to get alimony?
Factors for Determining the Duration and Amount of Alimony The “guideline” durations for alimony in Illinois are: Marriage of less than 5 years: 0.20 percent of the duration of the marriage. 5 years or more but less than 6 years: 0.24 percent. 6 years or more but less than 7 years: 0.28 percent.
How much is spousal support Illinois?
How is Alimony Calculated in Illinois? In 2019, this formula is used to calculate alimony in Illinois: (33% of the payer’s net income) – (25% of the payee’s net income) = the yearly maintenance paid. However, that spousal support cannot cause one spouse to earn more than 40% of the couple’s combined income.
Who qualifies for alimony in Illinois?
In Illinois, to be eligible for alimony, spouses must have been legally married. Either husband or wife can qualify for alimony. A divorcing spouse in Illinois who is not self-supporting or cannot maintain a reasonable standard of living by themselves during or after a divorce can petition to the court to receive.
Does infidelity affect divorce in Illinois?
The state of Illinois does not accept adultery as a reason to file for divorce. Usually, there is no need to demonstrate that irreconcilable differences exist, and a divorce will be granted if both spouses agree to end the marriage.
How can I get out of paying alimony in Illinois?
In Illinois, the paying spouse’s obligation to pay alimony terminates when the supported spouse begins cohabiting with another person. The paying spouse will need to file a motion to terminate support and prove cohabitation.
How can I avoid alimony in Illinois?
Prenuptials or Postnuptials and Illinois Spousal Maintenance Of course, your best line of defense against having to pay spousal support is to secure a prenuptial agreement before you marry or a post-nuptial agreement during the marriage, the sooner the better.