Legal Question in Family Law in Illinois
divorcing
after being married for 40 yrs. is wife usually granted the house and alimony. There would be 2 hundred thousand or more money involed.
2 Answers from Attorneys
Re: divorcing
The wife is not simply given the home or alimony. Both spouses own 50% of everything. However, the judge will split the assets EQUITABLY, not equally. If she is unable to work and has never worked, while the husband has most of the money and assets, the court can award the wife a large portion (or all of the home). Each case is very different though, and requires a family law attorney to know the specifics of each particular case. If there is substantial money involved, it is prudent to at least consult with an attorney to make sure you are not being overly generous (or taken advantage of). If you have more questions feel free to contact me. Good Luck.
Re: divorcing
With that amount of money involved, you should definitely hire an attorney.
After such a long marriage, if you were the sole bread-winner or you made considerably more than your wife, then you will probably need to pay some alimony (not to mention child support if there are any children still under 18). The house will similarly be divides according to what the Court considers equitable, along with all of your other property that the Court considered jointly owned "marital property."
If you do not want to pay alimony, sometimes you can make arrangements to pay a lump sum in lieu of future payments (such as giving her the house without claiming any share yourself). If you do not want to give her the house, then you can stake a claim that the house is yours and attempt to keep it yourself or force a sale. All of this is worthy of a discussion with your attorney.
Please feel free to give us a call if you want to talk about the details.