Many women entering the divorce process worry about their financial stability and their future. If you are preparing for a divorce, you likely want to know what you are entitled to under Illinois law and how a Bloomington divorce attorney can help you keep what’s rightfully yours.
In divorce cases, Illinois is an equitable distribution state. This means the court does not simply split the marital properties 50/50. Instead, judges look for a division of marital property that is fair and based on the specific facts of your life.
How Are Marital and Non-Marital Property Defined?
Before it determines what you receive in your divorce, the court must decide what belongs to the marital estate. Under Illinois law, almost all assets and properties acquired by either partner during the marriage are considered marital property. Marital assets may include:
- income either spouse earned during the marriage
- retirement accounts, 401(k)s, and pensions accumulated during the marriage
- the family home
- vehicles, furniture, and household goods
Non-marital property generally includes items you owned before the marriage or gifts and inheritances given exclusively to one spouse. If you commingle non-marital funds into a joint purchase or account, the court may consider those assets marital property.
Equitable Distribution: What Does “Fair” Look Like?
Illinois judges consider several factors to determine what a wife is entitled to receive. The goal is to ensure that both ex-spouses can maintain a reasonable standard of living. The court considers the duration of the marriage and each spouse’s economic circumstances.
It also considers whether one spouse stayed home to care for children, which may have limited that partner’s earning potential. If you contributed to the marriage as a homemaker, Illinois law recognizes this as a contribution to the value of the marital estate.
How Does Spousal Maintenance (Alimony) Work in Illinois?
Wives seeking a divorce need to know whether they are entitled to alimony, called spousal maintenance in Illinois. Spousal maintenance is not automatic and is not granted in every Illinois divorce. First, the court determines if maintenance is appropriate.
If one spouse earns significantly more than the other, or if one spouse sacrificed a career for the family, maintenance may be granted. Illinois courts use a formula for most cases where the combined gross income is under $500,000.
Usually, the calculation takes 33.3% of the payer’s net income and subtracts 25% of the receiver’s net income. The final amount cannot result in the receiving spouse getting more than 40% of the couple’s combined net income.
The length of time you receive maintenance depends on how long you were married. If you were married for 20 years or more, the court may grant maintenance for a period equal to 100% of the length of the marriage or even permanent support.
What Are Your Rights Regarding the Marital Home?
The family home is often the largest asset in an Illinois divorce. Neither spouse is automatically entitled to keep the house. The court may award the house to one party and offset its value by awarding other assets, like retirement accounts, to the other spouse.
If children are involved, the court may prefer to keep them in a stable environment, so a judge may allow the parent with the most parenting time to stay in the home. If neither parent can afford the mortgage alone, the court may order the house to be sold and the proceeds divided.
How Are Parental Responsibilities Allocated?
Illinois no longer uses the term “custody.” Instead, the law focuses on the allocation of parental responsibilities and parenting time. If custody is not shared, the court decides which parent will make significant decisions for the child regarding education, health care, and religion.
Spouses are entitled to a parenting schedule that serves the children’s best interests. If you have been the primary caregiver, the court will consider that when developing the parenting schedule.
What Should You Know About Child Support Obligations?
If you are the parent with the majority of the parenting time, you are entitled to receive child support. Illinois follows an income-sharing model that considers the combined income of parents and determines what would likely be spent on a child in a combined household.
Each parent is responsible for a share of that amount based on that parent’s percentage of the combined income. Child support payments in Illinois usually continue until a child turns 18 or graduates from high school.
If you are entitled to child support payments, a Bloomington divorce lawyer can fight for the amount you need. After your divorce, if you believe you are not receiving enough child support, or if you believe you are paying more than your fair share, your Bloomington divorce attorney can petition the court for a modification of its child support order.
How Are Debts Handled in a Divorce?
Marital debts, such as credit cards, medical bills, or car loans taken out during the marriage, are generally shared. Even if a credit card is only in your spouse’s name, if the credit card debt was used for marital purposes, you may be responsible for a portion of it.
The court tries to assign a debt to the person best able to pay it, or to link it to the asset. For instance, if you keep the SUV, you will likely keep the loan associated with it.
Every marriage is different, and your entitlements depend on the specific details of your life and marriage. No article or blog post can replace the guidance of a Bloomington divorce lawyer who understands Illinois law and offers specific, personalized legal advice.
Why Choose Koth Gregory & Nieminski?
Divorce isn’t easy for anyone. If you are a wife or mother who is divorcing or anticipating a divorce, you may feel angry, belittled, humiliated, and filled with despair all at the same time. Let Koth Gregory & Nieminski help you.
Koth Gregory & Nieminski has been at the same Bloomington location since 1990. We are familiar with the procedures specific to the 11th Illinois Judicial Circuit. This helps us move your case forward and protect your interests.
If you are divorcing in the Bloomington area, call Koth Gregory & Nieminski at 309-491-4595 to schedule a consultation. Our goal is to help you keep what is yours and provide the consistency, accountability, and care you deserve during your divorce.
