Can Men Get Alimony in Kane County, Illinois?

 Posted on March 09, 2022 in Divorce

In 1989, about ten percent of stay-at-home parents were men. That number had nearly doubled by 2016. As traditional gender roles fade and families take unique approaches to raising children and maintaining a home, more and more men are choosing homemaking and family life over a career. Furthermore, about 30 percent of modern wives make more money than their husbands.

If you are getting divorced, you may be worried about the financial consequences of ending your marriage. If you are disabled, out of work, or have chosen to sacrifice your career in lieu of family or household responsibilities, you may be dependent on your spouse’s income to make ends meet. Fortunately, divorcing men may be entitled to alimony or spousal maintenance.

Divorcing Husbands May Be Entitled to Spousal Support

Alimony, spousal support, and spousal maintenance are all terms used to describe payments that a spouse makes to the other spouse after divorce. Traditionally, the payers of spousal maintenance were men, and the recipients were women. However, men have the same right to spousal support as women. Federal and Illinois state laws do not discriminate against divorcing spouses on the basis of gender.

Illinois Spousal Support Explained

A divorcing spouse is not automatically entitled to spousal maintenance. There are a few ways that Illinois spouses may get alimony. If a valid agreement such as a prenuptial agreement exists entitling a spouse to spousal support, the court will likely uphold the agreement. The spouses may also be able to negotiate a spousal support agreement through their attorneys.

Illinois courts may award spousal support based on the spouse's financial circumstances and other factors, including:

• All sources of income for both parties

• Each party’s assets

• Each spouse’s financial needs

• The present and future earning capacity of each spouse

• The length of the marriage and standard of living during the marriage

• Whether the spouse requesting maintenance can become financially independent

• The spouses’ financial and non-financial contributions to the marriage

• Any impairment to the earning capacity of the spouse seeking maintenance

• The spouses’ age, health, and other relevant life circumstances

• The tax consequences spousal maintenance would have on the parties

The court will evaluate the factors listed above and determine if maintenance is appropriate. If the court decides to award spousal maintenance, the amount and duration of maintenance payments are typically based on statutory formulas.

Contact a St. Charles Divorce Lawyer

Spousal maintenance may be awarded to either spouse in a divorce. If you are getting divorced, contact the Kane County divorce attorneys at Goostree Law Group for help with spousal maintenance, property division, child custody, and much more. Call 630-584-4800 for a free consultation.

Sources:

https://www.cnbc.com/2021/05/07/stay-at-home-dads-were-on-the-rise-pre-pandemic-will-covid-accelerate-the-trend.html

https://nypost.com/2021/02/04/only-30-percent-of-us-wives-earn-more-than-their-husbands-data/

https://www.nytimes.com/2021/10/30/style/men-alimony-spousal-support.html