Marital property

[Ilinfoplz]

What is the name of your state (only U.S. law)? IL
I am considering leaving my spouse. We have been married for 2 years. He has never worked during our marriage, he was trying to get on disability. He just got his disability which benefits begin next month. I have always worked and provided for our family. I owned a piece of property before we were married but I didn't live there. We have been remodelling it and are almost ready to move in. My question is would this home be considered marital property in a divorce? Since he never provided anything during our marriage will I have to pay him alimony?
Thanks!

 

[Ohiogal]

What is the name of your state (only U.S. law)? IL
I am considering leaving my spouse. We have been married for 2 years. He has never worked during our marriage, he was trying to get on disability. He just got his disability which benefits begin next month. I have always worked and provided for our family. I owned a piece of property before we were married but I didn't live there. We have been remodelling it and are almost ready to move in. My question is would this home be considered marital property in a divorce? Since he never provided anything during our marriage will I have to pay him alimony?
Thanks!

He is entitled a portion of the equity in the property as marital income has been used to remodel and improve it. The portion he is entitled to? Half what has accrued during the marriage.

As for alimony -- that depends on the marital assets and debts. it also depends on what his income is compared to yours. And whether either of you (or both) are earning a liveable wage.

 

[mistoffolees]

He is entitled a portion of the equity in the property as marital income has been used to remodel and improve it. The portion he is entitled to? Half what has accrued during the marriage.

As for alimony -- that depends on the marital assets and debts. it also depends on what his income is compared to yours. And whether either of you (or both) are earning a liveable wage.

Just to clarify, he gets 1/2 of the marital equity. That is, calculate the equity in the property at the time of marriage (value minus debt) and calculate it again at the time of divorce (value minus debt). Because of market conditions in most of the country, the equity may actually have declined in 2 years - even with a significant investment in fixing it. If it has declined, he doesn't have to pay, though.

As for alimony, there's a good chance there won't be any - on a 2 year marriage. You might end up paying temporary support while the divorce is pending based on the factors Ohiogal cites, but probably not much (if at all) beyond that.