I have been married for less than 3 years and I'm currently separating from my wife. We have no kids together and no property. My wife was employed when I met her and is still employed and she wants half of my commission checks for the next 2 years and I would like to know what she is entitled to?
She is entitled to a fair and equitable share of the assets accumulated during the marriage. What that amounts to is a matter of looking at all the financial records. If your commissions are based on work done during the marriage, that income is a community asset. If they are based on work done after separation, that is separate and can only be reached in order to come to a fair apportionment.
You need to get an attorney to go over all the marital assets with you. Equitable distribution is a negotiated part of a divorce and just because she says she wants something doesn't mean she will get it.
The spouse with the higher income may have to pay the lower earning spouse spousal support for approximately one-half the length of the marriage. An estimate of the amount would be 40% of the higher earner's net income less 50 % of the lower earner's net income (income after taxes).
The short answer, in IL, is no. However, this is based upon the bare minimum information you have given here. I encourage you to seek counsel and give more details that you can receive a more informed answer.
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