Will I Receive Spousal Maintenance in My Illinois Divorce?

 Posted on November 18, 2020 in Alimony / Maintenance

In today’s world, many married couples rely on two incomes to live comfortably. Getting a divorce means you are no longer using two incomes to pay bills, as you will likely have to make ends meet with your paycheck alone. For some, this may not be a big deal, but for others, it can make supporting themselves very difficult. This is where spousal maintenance could be very helpful.

Also known as spousal support or alimony, spousal maintenance is either established by an agreement between the spouses or ordered by a judge based on the circumstances of the situation. Maintenance is typically used to allow both spouses to continue a reasonably similar quality of life compared to what they had when they were married.

Factors in Determining Alimony

Spousal maintenance is not guaranteed in all Illinois divorce cases. Absent an agreement between the parties, spousal maintenance will only be awarded when it is needed to make a divorce settlement more equitable. When making determinations about spousal maintenance, the judge will examine the marriage and divorce and will use a specific set of factors to make a decision.

The factors that may be considered include:

• Each spouse’s income and property, including property that was awarded in the divorce and financial obligations that may have arisen during the divorce

• The present and future earning capacity of each spouse

• The needs of each spouse

• Whether either spouse devoted significant time to domestic duties

• Whether either spouse gave up or delayed education, training, employment, or career opportunities because of the marriage

• Any impairment of present or future earning capacity of the spouse who will pay maintenance

• How long it would take for the spouse seeking maintenance to obtain education, training, and employment

• Whether the spouse seeking maintenance would be able to support themself during the education and training period

• Any parental responsibility agreements and how they would affect each spouse’s ability to find and maintain employment

• The standard of living that was established during the marriage

• How long the marriage lasted

• The age, health, occupation, amount of income, and employability of each spouse

• The tax consequences spousal maintenance would have on each spouse

• Whether any valid agreement between the spouses exists, such as a prenuptial agreement

• Any other factor the court deems to be relevant.

Once the court determines that maintenance is appropriate, the court will generally use formulas provided by Illinois law to calculate the amount of the maintenance payments and the period through which they must be paid.

Contact a Kane County Spousal Maintenance Attorney

The idea of only having your single income to make ends meet can be daunting. If you think that you may be entitled to spousal maintenance after your divorce but want to know how you can make your case, talk to an experienced St. Charles spousal maintenance lawyer as soon as possible. At Goostree Law Group, we can help secure your post-divorce financial stability. Call our office today at 630-584-4800 to schedule a free consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59