The Law Office of Matthew M. Williams, P.C.

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Do Women Ever Have to Pay Alimony to Their Ex-Husband in Illinois? 

 Posted on May 25, 2022 in Chicago divorce attorney

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Most spouses pursuing a divorce in Illinois have questions about spousal maintenance (also known as alimony or spousal support). Will you pay it? Will you receive it? Who decides? Traditionally, men were the ones asking these questions - but as women increasingly outperform men in college and many income brackets, women are frequently wondering whether they may be paying alimony as well. Illinois law does not distinguish between men and women when it comes to determining alimony payments, but it does provide very specific ground rules to take the guesswork out of determining the duration and amount of the payments.

What is Alimony?

Divorce is expensive - that is no secret. When one spouse is the primary breadwinner for a family, divorce can have an outsized impact on the spouse who earns less, especially if that spouse gave up educational or career ambitions to stay home and raise children. Spousal maintenance is intended to recognize the non-financial contributions a spouse can make to a marriage and prevent that spouse from becoming impoverished immediately after divorce.

How Is Alimony Determined?

Like any other issue in a divorce, couples are encouraged to try to resolve the issue of spousal maintenance outside of court, using the help of a mediator if necessary. If spouses cannot agree, a court will intervene and make a decision for them. Illinois courts consider many different factors when setting the spousal maintenance amount and duration. These include, but are not limited to:

  • Whether there is a valid prenuptial agreement that discusses alimony

  • How long the spouses were married

  • The standard of living during the marriage

  • Each spouse’s present income and future earning potential

  • Each spouse’s assets, including personal property like inheritance

  • How long it would take the receiving spouse to become financially independent

Both men and women may receive spousal maintenance if the right conditions are met, and once it has been established that spousal maintenance is appropriate, Illinois has formulas for determining the amount of payments. Regardless of whether you are paying or receiving alimony, a great divorce attorney can help you negotiate a fair alimony agreement.

Contact a Batavia, IL Alimony Lawyer

Whether you are a stay-at-home father or a wife who works hard as a family’s primary breadwinner, know that when you work with The Law Office of Matthew M. Williams, P.C., you will have the help of an attorney who is committed to ensuring your spousal maintenance payments are fair. Start the journey towards securing a fair divorce decree by calling our offices today at 630-409-8184 and scheduling an initial strategy session with our Kane County spousal maintenance lawyer.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6200000&SeqEnd=8675000

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The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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