Legal Question in Family Law in Illinois
Divorce
My wife and I have been living in two seperate states for the last three years. We don't have joint ownership of any property or children together but I have custody of my child from a previous relationship before we were married. I rent the home I live in and only own my vehicle. I want to go ahead and file for divorce. I make about $50-$75,000 a year. How much of my gross salary is she entitled to?
2 Answers from Attorneys
Re: Divorce
Depending on the states, it could be zero.
Re: Divorce
I'd need to know more about her and length of marriage. If there are two things that generally dictate ailimony/maintenance payments they are: length of marriage and the financial circumstances of each of the parties. If each of your incomes are about equal and you've been married for a couple years then there would likely be NO maintenance award. Conversely, if you've been married for 40 years and she's never worked outside the home then I'd think you might expect to pay her 50% of your income. And obviously a lot of room in between those two extremes.