When Will Spousal Maintenance Be a Factor in an Illinois Divorce?

 Posted on March 07, 2022 in Spousal Maintenance

Ending a marriage through divorce will involve multiple types of legal and financial issues. A couple will need to separate multiple different aspects of their lives that have become intertwined while they were married. As they make decisions about how to divide the property they own and the debts they owe, each spouse will want to take steps to make sure they will be able to support themselves and live comfortably once their marriage has ended. However, this can sometimes be difficult for those who rely on a spouse’s income or who do not have significant financial resources. In some cases, a person may be able to receive ongoing financial support from their spouse that will help them meet their needs. By understanding when this form of support (which is known as spousal maintenance, spousal support, or alimony) may be appropriate, spouses can make sure they will be able to address this issue correctly during the divorce process.

When Will Spousal Support Be Awarded?

A person will not automatically receive spousal maintenance following divorce, and this form of support will generally only be appropriate in situations where one spouse earns a significantly higher income than the other. If a spouse has been a stay-at-home parent during the couple’s marriage, or if they only work part-time so they can devote more time to childcare and other household responsibilities, they may ask for spousal support so that they will be able to cover their ongoing financial needs after getting divorced while also working to ensure that they will be able to support themselves in the future.

A couple may agree that spousal maintenance will be paid when they create a divorce settlement. If an agreement cannot be reached, the party seeking support can ask the judge in their case to decide whether spousal support should be awarded. When considering this issue, a judge may look at how much income each spouse currently earns, the income they should be able to earn based on their education and work experience, and their ongoing needs. Other relevant factors that may play a role in these decisions include whether the spouse seeking support has made sacrifices to their income or career in order to focus on family responsibilities and whether a person has made monetary or personal contributions that have helped their spouse increase their income level or pursue career opportunities.

Contact Our Wheaton Spousal Support Lawyers

If you believe that you should receive maintenance payments from your spouse, or if your spouse is asking you to provide this form of support, you will want to be sure this issue will be addressed correctly during your divorce. At Stock, Carlson & Asso. LLC, our DuPage County spousal maintenance attorneys can advise you of how the law applies in your case, and we will advocate for your interests throughout the divorce process. Contact our firm today by calling 630-665-2500 and setting up a confidential consultation where you can discuss your concerns and ensure you are prepared to protect your rights as you work to end your marriage.

Source:

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