This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Spousal Support Conditions In Illinois
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In Illinois, the duration of alimony, or spousal maintenance, depends on the marriage's duration. In a marriage of under 5 years, maintenance payments last for 20% of the marriage's length. For a 9-10 year marriage, alimony payments last 40% of the marriage's length.
A spouse may be disqualified from receiving alimony if it's determined that they have ample resources to support themselves or if the marriage was of a very short duration. Other specifics may include the discovery of a spouse's non-monetary contributions or any valid agreement between the parties.
Eligibility for Alimony in Illinois Standard of living established during marriage. Age, health, employability, and educational level of each spouse. Earning capacity and ability to become self-supporting for the spouse seeking maintenance. Property, including marital and non-marital assets, divided between spouses.
What qualifies you for spousal support in Illinois? There is no single factor that will automatically qualify you for spousal support. In general, if the other party makes significantly more than you and has supported you for a long time, alimony is likely in your case.
A spouse may be disqualified from receiving alimony if it's determined that they have ample resources to support themselves or if the marriage was of a very short duration. Other specifics may include the discovery of a spouse's non-monetary contributions or any valid agreement between the parties.
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.
Key Components of Illinois Alimony Laws. Factors considered when calculating alimony include the incomes of both spouses, the standard of living established during marriage, the duration of the marriage, and the age and health of both spouses.
Illinois' Spousal Maintenance Formula Take 33.3% of the payor's net annual income. Subtract 25% of the recipient's net annual income. The difference is the annual maintenance amount.