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  1. #1

    Default Alimony and Asset Division After a Short-Term Marriage

    My question involves a marriage in the state of: Illinois

    Me and My ex were dating for 5 years, married for 1 year and 2 months, then separated for the past 5 months. She lives with her parents about 20 miles away. Two months after getting married she told me she was an alcoholic. I didn't believe her cause I never saw her drinking ever. Soon I realized she was drinking all day every day when her problem progressed. She also became abusive, quick working, dropped out of school, etc... She now has a job. I purchased a condo 9 months before becoming engaged. Only my name is on the mortgage and loan. I pay for her health insurance as well. She originally agreed to an uncontested marriage, and has no changed her mind. We have no kids, $100 dollars in our savings account, and only my name is on the condo mortgage (she did not contribute or help with any of the down payment).

    1. Does she have any right to alimony for such a short marriage?
    2. Does she have a right to any financial gains from the condo I purchased before marriage?
    3. Is there a way to file, because of her hidden alcoholism, to nullify her rights to my financial assets (condo and alimony)
    4. I have school loan debt that accumulated during our marriage, can that be used as leverage to nullify her rights to my financial assets (condo and alimony)
    5. If I have evidence of her abusive behavior in the form of emails and texts, can that be used as leverage? I unfortunately don't have evidence of her slugging me while I was sleeping with a Yankee candle (a 3 lbs candle wrapped in glass).

  2. #2
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    Default Re: Divorce: Questions About Some Basics Considering My Situation

    1. She can ask but it's virtually guaranteed to be a firm "no".

    2. Generally half the equity gained during the marriage

    3. Nope

    4. Read this: http://www.illinoislegalaid.org/inde...contentid=8457

    5. No.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3

    Default Re: Divorce: Questions About Some Basics Considering My Situation

    So the school loan debt from the courses I took during the marriage can be factored against half the equity gained during the marriage?

    I read that article from that link and from my understanding it sounds like she is liable for that debt that I gained. The mortgage I pay is about 1,100 per month for a condo I purchased for 167,000. I only put 5% down payment. The school loan debt I gained was about 11,000 during the marriage.

    So It sounds like she may owe me money right? (1,100 * 14 / 2 = 7,700. 7,700 minus the amount that went to property tax and interest would make that value much lower than the debt I accumulated)

  4. #4
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    Default Re: Divorce: Questions About Some Basics Considering My Situation

    Do you people seriously want to drag this through the courts for what was effectively a 7 month marriage?

    Good grief - send her a "best wishes" card, file for the simplest divorce imaginable, and move on. Illinois is not a community property state...and that means this could go south very, very quickly.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5
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    Default Re: Divorce: Questions About Some Basics Considering My Situation

    She is not a beneficiary of the loans you incurred.

  6. #6

    Default Re: Divorce: Questions About Some Basics Considering My Situation

    Quote Quoting Dogmatique
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    Do you people seriously want to drag this through the courts for what was effectively a 7 month marriage?

    Good grief - send her a "best wishes" card, file for the simplest divorce imaginable, and move on. Illinois is not a community property state...and that means this could go south very, very quickly.


    Did you not read what I wrote? My ex-wife agreed to an uncontested divorce, and then decided to contest it. I dont want to do it this way. I am being forced. and the marriage was 1 year and 2 months until we separated. We have been separated for the past 5 months.

    What do you mean, things could go south quickly? I read about community property states. The property was purchased 9 months before we got married. And I cant just move on if she has threatened to try and fight for rights and money in relation to the condo. If I file for a simple divorce and she goes after the property, I stand to lose a lot wouldn't I?

    I researched a bit about equitable division of property not being required to be 50/50. I make 70,000 per year. Because of getting fired (because of alcoholism) and not getting a new job for some time, she made 9,000 last year. So does that mean the euquity split would be closer to 75% to me and 25% to her?

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    Quote Quoting Disagreeable
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    She is not a beneficiary of the loans you incurred.
    The article that dogmatique showed me stated that she is a beneficiary if it occurred during the marriage. I also thought that all debts incurred during a marriage liable to both parties. So this is wrong?

  7. #7
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    Default Re: Divorce: Questions About Some Basics Considering My Situation

    Quote Quoting johnsmith9182
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    So the school loan debt from the courses I took during the marriage can be factored against half the equity gained during the marriage?
    School loan debt is really a little different than ordinary consumer debt. For such a very short term marriage she is not going to gain any benefit from your education, therefore the odds of a judge holding her responsible for 1/2 off your student loan debt is really slim. At the same time, the amount of equity that accrued in your condo during your very short term marriage is likely to be extremely minimal.

    I read that article from that link and from my understanding it sounds like she is liable for that debt that I gained. The mortgage I pay is about 1,100 per month for a condo I purchased for 167,000. I only put 5% down payment. The school loan debt I gained was about 11,000 during the marriage.

    So It sounds like she may owe me money right? (1,100 * 14 / 2 = 7,700. 7,700 minus the amount that went to property tax and interest would make that value much lower than the debt I accumulated)
    Again, I think its highly unlikely that a judge would hold her responsible for your student loans, and you clearly don't understand what is meant by "equity".

  8. #8
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    Default Re: Divorce: Questions About Some Basics Considering My Situation

    Quote Quoting johnsmith9182
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    Did you not read what I wrote? My ex-wife agreed to an uncontested divorce, and then decided to contest it. I dont want to do it this way. I am being forced. and the marriage was 1 year and 2 months until we separated. We have been separated for the past 5 months.

    What do you mean, things could go south quickly? I read about community property states. The property was purchased 9 months before we got married. And I cant just move on if she has threatened to try and fight for rights and money in relation to the condo. If I file for a simple divorce and she goes after the property, I stand to lose a lot wouldn't I?

    I researched a bit about equitable division of property not being required to be 50/50. I make 70,000 per year. Because of getting fired (because of alcoholism) and not getting a new job for some time, she made 9,000 last year. So does that mean the euquity split would be closer to 75% to me and 25% to her?

    - - - Updated - - -



    The article that dogmatique showed me stated that she is a beneficiary if it occurred during the marriage. I also thought that all debts incurred during a marriage liable to both parties. So this is wrong?
    Because you live in what's called an "equitable" state, that means the goodies (and the debts) can be divided up as the court sees fit. In other words, you may well find that she's going to come out of it ahead of you - and worse (for you), your student loan can be assigned solely to you.

    With regards to her getting fired for being an alcoholic...how do you intend to prove that? Are you going to subpoena her personnel file? You said first that she quit - which is it?

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    Quote Quoting llworking
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    School loan debt is really a little different than ordinary consumer debt. For such a very short term marriage she is not going to gain any benefit from your education, therefore the odds of a judge holding her responsible for 1/2 off your student loan debt is really slim. At the same time, the amount of equity that accrued in your condo during your very short term marriage is likely to be extremely minimal.



    Again, I think its highly unlikely that a judge would hold her responsible for your student loans, and you clearly don't understand what is meant by "equity".

    Quite honestly I was hoping you or Dis, or someone, would explain the equity part.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  9. #9
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    Default Re: Divorce: Questions About Some Basics Considering My Situation

    Quote Quoting Dogmatique
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    Because you live in what's called an "equitable" state, that means the goodies (and the debts) can be divided up as the court sees fit. In other words, you may well find that she's going to come out of it ahead of you - and worse (for you), your student loan can be assigned solely to you.

    With regards to her getting fired for being an alcoholic...how do you intend to prove that? Are you going to subpoena her personnel file? You said first that she quit - which is it?

    - - - Updated - - -




    Quite honestly I was hoping you or Dis, or someone, would explain the equity part.
    Ok...I will explain.

    Equity in a home is the difference between the fair market value of the home, and the balance due on the mortgage. It has nothing to do with the amount of mortgage payments made.

    Since you have only owned the Condo for about 2 years, and you put down a small down payment, its unlikely that you have built much equity at this point. Your original down payment would have been partially eaten up by closing costs, and the amount of your monthly payment that is going to equity is actually quite small.

    Example: 167k financed at 5% interest rate over 30 years. The amount of principal that would have accumulated between month 9 and month 24, would be about 3200.00. However, that is assuming that the fair market value of the condo has remained fixed. Your fair market value could be a little less, or a little more, depending on your area, therefore that would impact the total equity. Your property taxes (based on the difference between your payments and the amortization schedule I used) seem fairly low, therefore I am guessing that you are not in an area that is appreciating rapidly. Her share of that equity would be about 50% or 1600.00.

    Again, I think that there is little chance that she would be held responsible for 1/2 of your student loans. She is never going to derive any benefit from your education.

  10. #10
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    Default Re: Divorce: Questions About Some Basics Considering My Situation

    But...but...but that's not what he WANTS!

    What he wants is for her to be held responsible for half his student loans, while she gets none of the equity.

    Because if he had to pay off his own student loans, or if she received any value for anything, it wouldn't be FAIR!!

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