Qualifying For Alimony In Illinois

 Posted on January 10, 2023 in Spousal Maintenance

In the state of Illinois, alimony, or spousal support, are regular payments made to an ex-spouse from another ex-spouse. These payments are separate from those made for child support. These are meant to help financially support the receiving party who may need further education or financial support until they can gain the skills necessary to become self-sufficient. When addressing matters relating to spousal support, working with an experienced divorce attorney can help your chances of achieving a positive outcome. 

When Is Spousal Support Ordered?

In Illinois, there are two ways in which a spouse can be granted spousal support, called “spousal maintenance” in the law. Either the party can decide on a spousal maintenance arrangement through an agreement or it can be ordered by a judge. When considering a spousal support order during a divorce, a judge will consider many factors and circumstances. These things include: 

• Each party's current and future income

• Length of the marriage and standard of living the couple experienced during the marriage

• If there was domestic violence within the marriage

• Each party's age, health, and needs

• If the lack of financial stability is due to one of the parties being a homemaker or stay-at-home parent

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

Spousal maintenance payments are often terminated at a predetermined time. Often, the duration of maintenance payments is determined by the length of the marriage. Individuals in long-term marriages are usually entitled to greater support than individuals divorcing after a short marriage. Maintenance also ends if the receiving party remarries or cohabitates with a romantic partner. 

How much a person is required to pay is usually determined by a formula that takes into consideration both parties’ income. In some cases, the court may deviate from this calculation method.

Every divorce is unique in its own way. A court will take each party and their separate situations and concerns into consideration when deciding whether to order spousal support during a divorce. 

Contact a Kane County Divorce Lawyer

Aurora divorce attorney Matthew M. Williams knows how many complex elements go into a divorce. If you think that you or your spouse could be eligible for spousal support, contact The Law Office of Matthew M. Williams, P.C. at 630-409-8184 for help. You deserve support even after a separation, Matthew M. Williams will work to advocate for your interests. You do not have to go into your divorce alone. 

Source: 

https://www.ilga.gov/legislation/ilcs/documents/075000050K504.htm