How Does Spousal Support Work in Illinois? 

 Posted on November 18, 2022 in Divorce

Getting divorced can represent a major financial burden. In some cases, spousal support, also known as alimony or spousal maintenance, can help provide some much-needed financial relief during the transition period after a divorce. In Illinois, courts will determine whether either party is eligible to receive spousal support based on several factors such as the length of the marriage and each spouse’s financial resources. The spouses may also be able to negotiate an agreement about the amount of support a spouse receives. 

Who Can Get Alimony in Illinois? 

Alimony, which is called spousal maintenance in Illinois law, can be a great source of financial support and peace of mind when a couple separates. It can also be a substantial expense for the spouse paying maintenance. 

Some divorcing couples agree on the amount of support the lesser-earning spouse receives. For example, a couple may agree that the higher-earning spouse pays the lower-earning spouse  $1,000 a month for the first 12 months after the divorce. If the spouses cannot reach an agreement, it is up to the court to decide whether maintenance will be awarded. 

In Illinois, some factors that determine eligibility for spousal maintenance include: 

• The length of the marriage 

• Each spouse’s financial needs and resources

• The contribution each spouse made to the marriage including non-financial contributions of stay-at-home parents and homemakers

• The age and health of both spouses

• The earning capacity of both spouses

Amount and Duration of Maintenance 

If the court awards spousal maintenance, the amount the person receives is typically based on a formula that takes both parties' income into account. The duration of maintenance is directly related to the length of the marriage. For example, if the couple was married less than five years, the recipient may only receive maintenance for a few months. This gives the recipient time to become financially independent. If the couple was married 15 or 16 years, the recipient may receive nearly a year's worth of maintenance payments. If the marriage was 20 years or more, permanent maintenance may be available in some cases. 

Regardless of how long the original maintenance period was intended to last, maintenance ends if the recipient gets remarried. Cohabitation with a romantic partner may also end spousal maintenance. 

Contact our Will County Divorce Lawyers 

In Illinois, a spouse who will experience financial difficulty because of a divorce may be entitled to alimony or spousal maintenance. The Joliet divorce attorneys at The Foray Firm represent both payers and recipients during divorce and spousal maintenance matters. We can provide the legal support you need. Call The Foray Firm at 312-702-1293. 

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm