How Do I Know If I Will Get Alimony?

 Posted on December 17, 2024 in Alimony/Spousal Support

Divorce can bring financial uncertainties, especially if one spouse relied on the other for financial support during the marriage. Alimony, or spousal maintenance, is supposed to provide financial assistance to a spouse who may need support to transition to financial independence after getting divorced.

In Illinois, the determination of alimony is not automatic and depends on a variety of factors. If you are considering a divorce, an experienced Illinois family law attorney can help you understand whether alimony might apply in your case.

Who Gets Alimony in Illinois Divorces?

Illinois law does not guarantee alimony to either spouse in a divorce. Instead, the court evaluates a range of factors to determine whether spousal maintenance is appropriate, how much should be awarded, and for how long. These factors include:

The Needs of Both Spouses

The court will consider whether the spouse requesting alimony has a legitimate financial need and whether the other spouse is able to provide support.

Each Spouse’s Income and Property 

The court examines both spouses’ financial resources, including income, property, and assets received during the divorce settlement.

Earning Capacity

If one spouse has been out of the workforce or has a significantly lower earning capacity due to marriage and household responsibilities that he or she has taken on, the court may grant alimony to help them become financially self-sufficient.

Duration of the Marriage

Longer marriages are more likely to result in alimony awards, as one spouse may have made significant sacrifices to support the other or raise children.

Contributions to the Marriage

The court considers the contributions of each spouse, including non-financial contributions like caring for children or supporting the other spouse’s career advancement.

Age and Health

Illinois courts consider each spouse’s physical and emotional condition when determining alimony. If one spouse is older or facing health challenges, it may impact their ability to work and earn a stable income, making financial support necessary.

Standard of Living

Illinois courts try to help both spouses maintain a standard of living after divorce that is similar to what they had during the marriage. This is based on the idea that marriage is a partnership, and both spouses contribute to the household, whether through earning income, managing the home, or raising children. When that partnership ends, it can be unfair for one spouse to face a significant decline in their quality of life while the other continues to enjoy the benefits of the shared marital lifestyle, especially because if one spouse is higher-earning, it is often because the other spouse supported them in non-financial ways.

In Illinois, spousal maintenance is typically calculated using a statutory formula for couples with a combined gross income of less than $500,000. However, courts strongly encourage divorcing couples to come to an agreement about alimony and other property division issues on their own.

How Long Does Alimony Last in Illinois? 

Alimony in Illinois can take different forms, and how long payments last often depends on the type of alimony a spouse is awarded:

• Temporary Maintenance: Awarded during the divorce proceedings to support a spouse until the divorce is finalized.

• Rehabilitative Maintenance: Designed to support a spouse as they acquire education, skills, or training to become self-sufficient.

• Permanent Maintenance: Awarded in long-term marriages where one spouse is unlikely to achieve financial independence.

• Reviewable Maintenance: Provided for a set period and subject to review at a later date.

Contact a DuPage County, IL Alimony Attorney

Alimony, or spousal maintenance, is one of the issues people most often have questions about as soon as the topic of divorce comes up. A Wheaton, IL family law attorney at Andrew Cores Family Law Group can help you understand your rights and options when it comes to spousal maintenance, whether you are the one paying or receiving. Call 630-871-1002 today to schedule a free consultation and discuss your case.