Many things can be difficult to anticipate in an Illinois divorce, but spousal maintenance - also known as alimony or spousal support - does not have to be. While every divorce is made up of its own unique problems and solutions, Illinois courts must consider several factors when determining whether spousal maintenance is appropriate and they use specific formulas to determine the amount. If you are getting divorced in DuPage County and wondering whether you will pay or receive alimony, read this helpful blog post and then contact an experienced divorce lawyer who can help you with your case.
Income and Property
Courts will look carefully at the income of each spouse, as well as the potential earning power a spouse would have if they were fully employed. Because some spouses stay out of the workforce to raise children and keep a home, courts will consider whether divorce would put a homemaker spouse in a destitute financial situation and adjust spousal maintenance payments accordingly. Courts will also consider how long it would take a dependent spouse to get back on their feet after obtaining adequate training or education; if it is unclear how long it would take, or if there are young children whose needs would prevent a spouse from immediately seeking employment, courts can order fixed-term maintenance that is subject to review after a predetermined period of time.
Needs of Each Spouse
Each spouse will have varying needs, and the court looks at each spouse’s needs equally. Does the receiving spouse really need financial support? Can the paying spouse afford to pay? The court can determine which needs are reasonable, including whether it is appropriate to permit the receiving spouse to continue the standard of living enjoyed during the marriage.
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