How is property divided in a divorce in Illinois?

How is property divided in a divorce in Illinois?

With equitable distribution laws, Illinois divorce courts may divide marital assets between spouses 30/70 or 40/60, for instance, but infrequently 50/50. States that uphold community property distribution laws split marital assets 50/50 between spouses, no matter what the circumstances.

How long does the average divorce take in Illinois?

about 90 days

What qualifies you for alimony in Illinois?

In Illinois, to be eligible for alimony, spouses must have been legally married. Illinois courts will only grant spousal support, or maintenance, if one spouse is unable to support him or herself. The court has discretion to award permanent support or fixed support, which expires after a certain amount of time.

Is alimony mandatory in Illinois?

Like most states, Illinois generally requires a monthly payment of alimony. Typically, the court will issue an income withholding order to the paying spouse’s employer.

How is spousal support calculated Illinois?

The basic formula for alimony in Illinois is fairly simple: (33% of the payer’s net income) – (25% of the recipient’s net income) = the yearly maintenance paid. One condition to this is that the amount awarded cannot cause the receiving spouse to earn more than 40% of the couple’s combined net income.

What is reasonable spousal maintenance?

The guideline states that the paying spouse’s support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse’s net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.

Will I have to pay spousal maintenance?

Although no one is automatically entitled to spousal maintenance, there is a common-law duty imposed upon all spouses to support one another during and after any marriage or civil partnership. Please note: If the recipient has a long-term partner and is cohabiting, but never remarries, payments must continue.

How much does divorce cost in Illinois?

On average, the cost to divorce in Illinois is $13,800. Include child custody and support, alimony, and property division into the mix, and financing a divorce sharply climbs to an average of $35,300.

How can I get out of paying alimony in Illinois?

To stop paying alimony, you will have to prove a substantial change in circumstances, which justifies the modification (medical issues, loss of income, etc). Your own remarriage does not automatically qualify. Notably, remarriage is not necessarily required to terminate alimony payments in Illinois.

Does living with someone affect alimony?

Yes. Cohabitation terminates alimony as long as the couple is living together on a continuing and conjugal basis. Paying spouse must file a motion for termination of alimony. The paying spouse can stop paying as of the date a court finds the cohabitation began.

What can I do if my ex husband stops paying alimony?

You should hire an attorney to assist you with the process and get the ball rolling by filing a motion with the court, asking the judge to order your former spouse to pay all overdue payments and ensure no future payments are missed. In legal terms, this is known as a motion for contempt or enforcement.

What happens if husband refuses to pay alimony?

Contempt: If your spouse has refused or failed to pay your alimony, a judge may find your spouse in contempt of the court. This approach usually means the judge will give an order for the spouse to pay the money owed to you and potentially add another fine for their refusal to pay.

Is spousal support for life?

A general rule is that spousal support will last for half the length of a less than 10 years long marriage. However, in longer marriages, the court will not set alimony duration. The burden will be on the party who pays to prove that spousal support is not necessary at some future point in time.

What happens if you can’t pay spousal support?

If you stop making alimony payments (regardless of the reason), you could face civil or criminal charges for contempt of court. Contempt of court means that you violated a court order during your divorce proceedings. The court might give you extra time to pay or establish a new payment plan.

Do I have to pay alimony if my spouse refuses to work?

A judge may order you to pay spousal support for a set period of time, to give your spouse time to get back to work. If your spouse is capable of work but refuses to get a job, that is no longer your problem once you have fulfilled your court obligations for paying support.

How long does an ex husband pay alimony?

In mid-term marriages, alimony is favored and may last 1-5 years beyond the date of divorce. The longer the mid-term marriage (for example 17 years), the more maintenance is favored. In long-term marriages, alimony is favored and can exceed 5 years in duration, even awarded up to a lifetime award (to retirement age).

Does length of marriage affect alimony?

The “length of the marriage” affects the kind of alimony. Usually judges order more alimony for longer marriages; the longer the marriage, the more alimony a judge will order.