Will I Receive Spousal Maintenance After My Illinois Divorce?

 Posted on September 25, 2019 in Spousal Maintenance

For many people, one of the biggest stressors in their marriages is money. Unfortunately, financial stress does not go away if you decide to get a divorce. Couples that are used to living off of two incomes can find it difficult to revert back to a single paycheck each month. After divorce, a two-income household becomes two households running off of two separate incomes. Some spouses may wonder how they are going to make ends meet when it is just their income paying for everything, especially if children are involved. In order to avoid leaving one spouse in financial distress, Illinois law may require some spouses to provide spousal maintenance payments (also known as alimony) to their former partner after finalizing their divorce.

Factors for Receiving Spousal Maintenance

Not every divorce case involves a spousal maintenance award. In fact, today’s divorce cases do not involve spousal support unless a serious need is established for this form of compensation. If one spouse requests maintenance, the court will look at a variety of factors to determine whether or not a maintenance award is appropriate. These factors include:

• Each spouse’s income, taking into account marital property that has been allocated to each spouse and any financial obligations resulting from the divorce

• Each spouse’s needs

• The current and future earning capability of each spouse

• Whether or not either spouse sacrificed education, employment, or career opportunities to perform domestic duties

• Whether or not there are any barriers to the earning capacity of the spouse from whom maintenance is sought

• The time needed for the maintenance-seeking spouse to become self-sufficient and whether or not they are able to support themselves during that time

• The effect any parental responsibility arrangements will have on either spouse’s ability to seek or maintain employment

• The standard of living that was established during the marriage

• How long the marriage lasted

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

• Any valid compromise between the spouses, such as stipulations in a prenuptial or postnuptial agreement

• The contributions the maintenance-seeking spouse has made to the career, education, or training of the other spouse

• Any other factor that the court deems to be relevant in determining whether or not a spousal maintenance award is appropriate

Consult With a Skilled DuPage County Alimony Lawyer Today

If you are getting a divorce, you want to hire an attorney who is knowledgeable and up-to-date on Illinois laws. At the Goostree Law Group, our Wheaton, IL spousal maintenance attorneys have years of experience helping divorcing couples come to an agreement on spousal maintenance terms. If you believe that you need spousal maintenance in order to be financially stable after your divorce, contact our office today. To schedule a free consultation, call our office at 630-364-4046.

Sources:

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