What Qualifies You for Alimony in Illinois?

On Behalf of Gravel & Wechter P.C.   |   Aug 5, 2024   |   Divorce

In a divorce, one spouse may request alimony, also known as spousal support or maintenance. Alimony represents a legal obligation for one spouse to pay money to the other spouse during or after a divorce. Couples may agree to an alimony arrangement in a prenuptial agreement or divorce settlement, or the court may order one spouse to pay alimony.

Alimony ensures both spouses enjoy approximately the same quality of life they had during their marriage. Requests for alimony typically arise in cases where one spouse earns substantially more income than the other spouse or a spouse gave up their career to support their spouse’s education/career or to take on homemaking or childcare duties.

Factors That Courts Consider When Deciding Alimony

When one spouse requests alimony, Illinois law requires courts to consider various factors to determine whether to award alimony, decide on the duration of alimony, and calculate the alimony amount:

  • Each spouse’s income and property, including marital property apportioned during divorce, and all financial obligations imposed on the couple because of the divorce
  • Each spouse’s needs
  • Each spouse’s realistic present and future earning capacity
  • Any impairment of a spouse’s present or future earning capacity due to that spouse having devoted time to domestic duties or forgoing or delaying education, training, employment, or career opportunities due to the marriage
  • The time needed for the spouse seeking alimony to acquire education, training, and employment, and whether that spouse can support themselves through appropriate employment
  • The effect of the couple’s custody arrangement on each spouse’s ability to seek or maintain employment
  • The standard of living during the marriage
  • The duration of the marriage
  • The age, health, occupation, income, vocational skills, employability, assets, and liabilities of each spouse
  • The sources of income, including public benefits, disability benefits, or retirement income, of each spouse
  • The tax consequences of an alimony arrangement
  • The contribution of the spouse seeking alimony to the education, training, or career advancement of the other spouse
  • Whether the parties have a valid agreement on alimony

Modification and Termination of Alimony

After the court enters an alimony award, either party may return to court to seek modification or termination of the alimony obligation. Any party wishing to modify or terminate alimony must demonstrate that the parties’ circumstances have changed since the entry of the current alimony award. Examples of circumstances that might support modification or termination of alimony include:

  • Remarriage or cohabitation by the party receiving alimony
  • Employment or substantial increase in income by the party receiving alimony
  • Loss of income or employment by the party paying alimony
  • Severe disabilities suffered by the party paying alimony
  • Retirement by either party

Contact a Divorce Attorney Today

If you’re considering divorce in Illinois and seeking alimony, it’s essential to understand the factors that may qualify you for spousal support. Seeking alimony can be contentious, but with the help of an experienced family law attorney like those at Gravel & Wechter, you can rest easier knowing your rights and interests will be protected. Contact us today, and we’ll do everything within our power to assist you.