celeena17
New
Reged: 09/09/07
Posts: 15
Loc: illinois
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can i ask for alimony in illinois when filing for a divorce, instead of property
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Jada
Platinum
Reged: 06/02/07
Posts: 3590
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[quote]can i ask for alimony in illinois when filing for a divorce, instead of property [/quote]
YOu can ask for anything you want.
But you may want to reconsider your position. Alimony can be modified. The property distribution usually isn't.
How long was the marriage for and is there a huge disparity in income?
Also, alimony ends upon remarriage, and in some cases, cohabitation.
Not to mention that you are dependent upon the person paying the alimony to actually pay it.
When you get property, you don't have to declare it as income. Nor do you pay taxes on it like you do alimony. And you can sell it and keep the money for yourself. And it can't be taken away if you get remarried or cohabitate. Or the ex loses the job and stops paying.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2388
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[quote]can i ask for alimony in illinois when filing for a divorce, instead of property [/quote]
>>>>>>>>>> Alimony would depend on a number of factors including the length of the marriage and any disparity in incomes . Why not just accept a financial settlement for your share of the marital property ?
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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celeena17
New
Reged: 09/09/07
Posts: 15
Loc: illinois
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marriage is 8 years this month. we are both on s.s.dis. He keeps scaring me by saying if i dont let him have the house and motorcylce that he just had me sign title to I will lose the truck that he signed over to me in 2006 in may. I had order of protection in may of this year and was granted my personal belongings a china cabinet and a church pew, all the other furniture is still in the house. he threatened my life in may and ordered me out of the house. I am now without a home and living with my dad. I am 60 years old and so is he. My grounds are extreme mental abuse.
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celeena17
New
Reged: 09/09/07
Posts: 15
Loc: illinois
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please read reply thanks
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Jada
Platinum
Reged: 06/02/07
Posts: 3590
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[quote]marriage is 8 years this month. we are both on s.s.dis. He keeps scaring me by saying if i dont let him have the house and motorcylce that he just had me sign title to I will lose the truck that he signed over to me in 2006 in may. I had order of protection in may of this year and was granted my personal belongings a china cabinet and a church pew, all the other furniture is still in the house. he threatened my life in may and ordered me out of the house. I am now without a home and living with my dad. I am 60 years old and so is he. My grounds are extreme mental abuse. [/quote]
He's trying to intimidate you. If he wants to keep the house, then he is going to have to pay you for your share of the equity. If he can't do that, then the judge will order the house to be sold unless there is some other type of asset that is around the value of your share of equity of the house that you can get.
Courts consider 10 years or longer long-term marriages. Even if you were to get alimony, it is usually only for half the marriage. And when there is a big disparity in income. It doesn't sound like there is a big difference in income.
Personally, I would go with the property being divided route.
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jersey girl
Platinum
Reged: 08/07/06
Posts: 1689
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Celeena,
My guess is that if you are both of SS, then they won't order maintenance because neither is working.
But, if you already have had an order of protection, your safest method to get out of this is to take the share of the house - that way - you get your money in one lump.
An abusive person is going to use any method necessary to keep control - and maintenance gives him a perfect way to hold control over you every month.
The only person you should listen to is your attorney. He is bullying you into submission. Not only can you get 1/2 the marital assets, but that includes pension, etc.
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celeena17
New
Reged: 09/09/07
Posts: 15
Loc: illinois
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thank you for making me aware of this, i really didnt see until now the control he is trying. i am going for the house or the motorcycle. thanks again
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celeena17
New
Reged: 09/09/07
Posts: 15
Loc: illinois
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does that include part of his s.s.dis.?
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gigi
Platinum
Reged: 11/06/06
Posts: 5191
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You don't get his ssd, just like he doesn't get yours. You each get half the STUFF... but if yu're both on disability, & neither has any greater ability to earn an income than the other, than it's highly unlikely that you'll get alimony. But you DO get half the STUFF... Jsut make certain you dont' sign away your rights to anything.
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