How Can I Fight My Ex’s Alimony Petition?

 Posted on July 27, 2021 in Alimony

Spousal maintenance (formerly known as “alimony”) is one of the most contentious issues in an Illinois divorce or divorce order modification. The receiving spouse often feels entitled to maintenance, and the paying spouse often feels as though they cannot or should not have to pay someone they are no longer married to.  

Illinois law provides specific guidance for how courts determine how much, if any, spousal maintenance should be paid. It also provides for specific circumstances that can exclude a former spouse from receiving more maintenance payments. Read on to learn more about the factors a court considers when deciding spousal maintenance, and how you can contest a request.  

How is Spousal Maintenance Decided?  

Alimony is not necessarily given to spouses after a divorce. Every circumstance is slightly different, but there are several factors judges consistently consider when deciding on alimony payments. These include, but are not limited to: 

• The income, assets, and debt of each spouse 

• The financial needs of each spouse

• Each spouse’s future earning potential (especially if one party was a homemaker)

• Physical or mental illness that would impact future income

• The standard of living the couple enjoyed during the marriage

• Each spouse’s education, certification, and work history 

How Can I Contest a Spousal Maintenance Order?  

No matter how much your spouse feels they are entitled to maintenance from you, there are certain circumstances that may work in your favor when it comes to reducing or eliminating maintenance payments. These include, but are not limited to:  

• The marriage was short-lived 

• You do not share children 

• Your spouse has sufficient assets, savings, or income of their own

• Your spouse chose not to work or obtain an education during the marriage, but not because of the marriage’s limitations (such as staying home to raise children)

• Whether your spouse can afford the marital lifestyle based on their own income

Contact A Wheaton Spousal Maintenance Lawyer

If you feel that you are unfairly paying spousal maintenance, The Stogsdill Law Firm, P.C., may be able to help. We have experience working with a wide variety of spousal maintenance situations and can help you understand your rights and options under the law. Contact a DuPage County divorce attorney with The Stogsdill Law Firm, P.C., and get a confidential consultation. Call us today at 630-462-9500. 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000