Can a Stay-at-Home Parent Receive Alimony in an Illinois Divorce?

 Posted on December 03, 2021 in Divorce

A divorce will affect spouses in multiple ways, and they will need to address a wide variety of issues as they make sure they will be able to move forward successfully and establish new lives separate from each other. However, a person who relies on their spouse to provide for their family’s financial needs may be concerned about their ability to provide for themselves following their divorce. This can be a significant concern for stay-at-home parents, since a person who does not work outside the home may worry that they will need to seek employment and make arrangements for childcare. In some cases, these issues may be addressed through spousal maintenance (also known as alimony) in which one spouse will pay financial support to the other following the couple’s divorce.

Eligibility for Spousal Maintenance

Following a divorce, both spouses should be able to maintain their standard of living. While spouses will need to make some adjustments, they should each be able to continue living in a way that they were used to while they were married. Divorcing parents will want to avoid upending their children’s lives and making major changes that could affect children’s emotional health and their ability to succeed in school or live comfortably at home. To avoid these types of disruptions, a stay-at-home parent should be able to continue serving in this role after ending their marriage.

If a parent has chosen to forego employment in order to provide care for children and attend to household duties, they may receive spousal maintenance from their former spouse to ensure that they will be able to cover household expenses. However, maintenance will not be automatically awarded. A couple may agree that spousal support will be paid in a settlement created during an uncontested divorce. If a couple cannot reach an agreement, the spouse who is seeking maintenance may ask a family court judge to require the other spouse to pay them support.

When determining whether spousal maintenance is appropriate, Illinois law states that a judge should consider a variety of factors. In addition to looking at each spouse’s needs, their income-earning capacity, and the amount that they currently earn, a judge may consider whether a person has foregone career opportunities in favor of family responsibilities. They may also look at whether one spouse contributed to the other’s education, training, or career, such as by providing care for children or attending to household duties to ensure that their partner could pursue a college degree or focus on their work.

If spousal maintenance is awarded, it will usually last for a certain amount of time, which will be determined based on the length of the couple’s marriage. This support may allow a stay-at-home parent to continue providing for their children’s needs while also providing them with the resources to obtain education or training and prepare to re-enter the workforce in the future.

Contact Our Kane County Stay-at-Home Parent Divorce Lawyers

If you are concerned about your ability to cover your ongoing expenses and provide for your children’s needs as a stay-at-home parent following your divorce, Goostree Law Group can advise you of your options. We will provide you with representation during the divorce process and work to ensure that you will be able to receive the financial support you need and deserve. Contact our St. Charles spousal maintenance attorneys at 630-584-4800 to set up a complimentary consultation today.

Source:

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