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.
Spouse Support Form For New York State In Illinois
Category:
State:
Multi-State
Control #:
US-00003BG-I
Format:
Word;
PDF;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
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.
Typically, the judge will take 20% of the lower-earning spouse's income and subtract that number from 30% of the higher-earning spouse's income. For example, one spouse makes $100,000, and the other makes $20,000. Thirty percent of $100,000 is $30,000, and 20% of $20,000 is $4,000.
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.
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.
In Illinois, alimony is not guaranteed and is awarded on a case-by-case basis. ing to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), courts must consider the following statutory factors when determining eligibility for alimony: Length of the marriage. Standard of living established during marriage.
Fixed-term: This type of alimony lasts a certain number of years. The major factor in determining the length is how long the marriage was. Indefinite: This type is also called permanent alimony. This alimony is usually awarded after a marriage that lasted 20 or more years.
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.
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.
The court doesn't divide non-marital property in a divorce. Instead, each spouse keeps their own. For marital property, the court decides on a division that is fair, which could be a 50/50 split or another arrangement based on the couple's situation.
