What is Alimony In Illinois?
- Each party’s income and property
- Both spouses’ present and future earning potential
- Standard of living established during the marriage
- Length of the marriage
- Contributions one spouse made to the other’s education, training or career
- The age, health, occupation and employability of both spouses
What You Need to Know about Spousal Maintenance in Illinois
There are a variety of different factors that play a role in seeking spousal maintenance. One common factor that we see at Gravel & Wechter P.C., is being a stay-at-home-parent. Of course, being a stay-at-home-parent has its advantages by saving the family money when it comes to daycare or babysitting.
Now, at 41, your spouse is seeking a divorce. You can’t understand why, but you can’t stop it. Individuals in these positions are worried and unsure about how they are going to pay their bills. You can get a new job in your field, but it may take more education to catch up with your peers. Now, what should you do? Gravel & Wechter P.C., can ensure that you receive an adequate amount of spousal maintenance, formally known as “spousal support” or “alimony”.
If You Need Spousal Maintenance, Don’t Be Afraid to Seek It
If you do need spousal maintenance, you shouldn’t be afraid of asking for it. All this time, your position as a stay-at-home parent has allowed your spouse to pursue his career. Even if you can return to work, it may be costly and require additional support to make sure you can still take care of your child and get the education you need to move up in your career.
When you look at your income, how much do you need to support yourself? Make sure you create a budget, and your attorney can help you negotiate for the money you need as you focus on getting back to work and resuming your career after the divorce.
Spousal maintenance often goes to one spouse
What Determines if You Get Spousal Maintenance in Illinois?
When your Illinois marriage comes to an end, you may have reason to seek spousal maintenance, or alimony, to help you adjust to your new lifestyle and get by financially without your spouse. When deciding whether to award you spousal maintenance in your split, the state refers to and considers a specific set of factors.
Per the Illinois General Assembly, the following are some of the variables that help determine if you receive spousal maintenance in your Illinois divorce.
The Needs of Each of You
A primary consideration in whether you get spousal maintenance in your divorce is whether the state’s family court system believes you have a genuine need for it. Many different factors help determine if you have a genuine need for maintenance, among them your age and degree of employability.
Each of Your Earning Capacities
Your earning capacity is another factor that helps the state determine if you have a genuine need for maintenance. If you have a high level of education and are, by all accounts, able to make your own living, a maintenance award may be less likely than if you are nearing retirement and have not worked in a professional setting in decades.
The Duration of Your Marriage
Having a long marriage does not automatically make you eligible for spousal maintenance. However, it often helps your cause. This may be because, in longer marriages, there is a better chance that you made professional sacrifices for the sake of your spouse, your children or both.
Many other factors also help determine if you get spousal maintenance, including the standard of living you maintained during the marriage and your planned custody arrangement.