3 Situations Where Spousal Maintenance May Be Awarded in Illinois

 Posted on October 14, 2021 in Alimony / Maintenance

There are a variety of financial issues that can affect a couple during a divorce. In some cases, one party may ask for financial support from their former spouse because they believe that they need assistance to cover their ongoing expenses. This form of support is known as spousal maintenance in Illinois, although it may also be referred to as alimony or spousal support. Spousal maintenance will not be appropriate in every situation, and it is generally only awarded if a spouse can demonstrate that they need assistance meeting their ongoing needs and that the other spouse has the ability to pay support. By understanding the situations where spousal support may be appropriate, spouses can ensure that they are addressing this issue correctly during the divorce process.

Cases Where Spousal Support May Be Needed

Spousal maintenance is meant to allow both parties to maintain the standard of living they were used to while they were married. If spousal support is awarded, the amount that one spouse will pay to the other will be determined by using a formula that takes both parties’ incomes into account, and the length of time that payments will last will be determined based on the length of time the couple was married.

Some examples of cases where spousal maintenance may be appropriate include:

• There is a significant disparity between the parties’ incomes - In most marriages, both spouses work and earn an income, and they may be able to use their individual incomes to support themselves after their divorce. However, if one spouse earns a much larger income, the other spouse may have relied on this income to maintain a certain standard of living and cover the family’s ongoing expenses. In these situations, spousal support can ensure that the lower-earning spouse will have the financial resources needed to meet their needs, and it may also allow them to seek education or job training that will allow them to increase the amount of income they will be able to earn.

• One spouse is a stay-at-home parent - A married couple may decide that one spouse will forego a career in order to focus on raising the couple’s children and managing other household responsibilities. When determining whether spousal maintenance should be awarded, courts will consider whether a spouse made sacrifices to their career or whether they helped the other spouse pursue new career opportunities by taking on the majority of childcare and household duties. Spousal support may allow a stay-at-home parent to continue serving in this capacity and providing care for their children, while also ensuring that they will have financial resources that will allow them to re-enter the job market in the future.

• A couple has a prenuptial or postnuptial agreement - These types of agreements may state that one spouse will pay spousal support to the other in the case of divorce, and an agreement may detail the amount that will be paid and the amount of time that payments will last. These agreements may also specify circumstances in which maintenance will or will not be paid. Courts will generally uphold the terms of a prenup or postnup as long as an agreement is valid and enforceable.

Contact Our Kane County Spousal Maintenance Attorneys

At Goostree Law Group, we can help you address issues related to spousal maintenance during the divorce process. We will advise you on whether maintenance may be appropriate in your case, and if so, we can ensure that the amount and duration of support are calculated correctly. To set up a free consultation and learn more about our legal services, contact our St. Charles spousal support lawyers at 630-584-4800.

Sources:

https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087&ChapterID=59