Who gets the house in an Illinois divorce?
In Illinois, marital property is not divided evenly 50/50 between the two spouses. This is because Illinois is what’s known as an “equitable division” state. This means the court tries to divide marital property fairly between the two parties.
How are assets split in a divorce in 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 does the average divorce take in Illinois?
Overall, finalizing a divorce in Illinois can take anywhere between 2 months and a year. In a contested divorce, one spouse might not agree to the divorce, where the children should stay, how property should be divided or other key differences.
When does a surviving spouse get an award in Illinois?
The Surviving Spouse’s Award in Illinois Probate The Illinois Probate Act states in Article XV that the surviving spouse of a recently deceased person is entitled to an award from that person’s estate in an amount the court finds reasonable to support the living of the surviving spouse for a period of 9 months after the decedent’s death.
How is marital property divided in Illinois divorce?
In Illinois, courts divide marital property equitably, not necessarily equally. But what property counts as marital property, rather than the separate property of one spouse or the other?
Who is entitled to reimbursement for marital property in Illinois?
However, there is a right of reimbursement for the contributed property. The contributing spouse (or the couple, if marital property was contributed to seperate property) shall be reimbursed from the spouse or couple that received the contribution.
Can a judge award separate property in a divorce?
Both in community and equitable distribution states, a judge can’t award your separate property to your spouse. Property is usually designated as separate if it was a gift or inheritance or it was acquired before the marriage. Generally, spouses keep their own separate property in a divorce.
The Surviving Spouse’s Award in Illinois Probate The Illinois Probate Act states in Article XV that the surviving spouse of a recently deceased person is entitled to an award from that person’s estate in an amount the court finds reasonable to support the living of the surviving spouse for a period of 9 months after the decedent’s death.
When does a court award spousal maintenance in Illinois?
Even if the spouse seeking maintenance is employed, the court may award maintenance if it is deemed necessary to continue the standard of living enjoyed during the marriage. However, if the couple lived frugally during the marriage, this fact alone will not serve as an argument to reduce the maintenance award.
How is spousal support determined in an Illinois divorce?
Prior to July 1, 2015, the amount and duration of spousal maintenance awards in Illinois divorces, also known as alimony or spousal support, were determined at the discretion of the court by the judge weighing several factors specifically listed in the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/101, et seq.) (the “IMDMA”).
Can a surviving spouse renounce a will in Illinois?
The State of Illinois recognizes a prenuptial agreement as having precedence over a will as well as the surviving spouse’s award and the surviving spouse’s statutory right to renounce the will.