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Will a Disabled Spouse Be Granted Lifetime Alimony in an Illinois Divorce?

 Posted on July 20, 2023 in Alimony

Wheaton, IL alimony lawyerIn a divorce, the court aims to ensure that both parties can maintain a reasonable standard of living, especially when one spouse has a disability. Today, we will seek to provide a comprehensive understanding of whether a disabled spouse will be granted lifetime alimony in an Illinois divorce, incorporating various factors considered by the courts in such cases. If you are getting divorced and are concerned about alimony determinations or anything else related to your divorce, contact an experienced divorce lawyer to represent you throughout your divorce case.

Defining Alimony and Disability 

In Illinois, alimony is most often referred to as “spousal maintenance.” Spousal maintenance refers to the financial support one spouse provides after a divorce. The court has broad discretion in determining maintenance awards. Disability, on the other hand, is defined as a physical or mental impairment that substantially limits one or more major life activities. Disability can significantly impact an individual’s income-earning potential, resulting in a potential need for lifetime alimony.

The Factors Considered 

To determine maintenance awards in cases involving disabled spouses, the Illinois court takes into account various factors. These may include the duration of the marriage, the income of each party as well as their capacity to earn, the standard of living enjoyed and established during the marriage, the age and health status of each spouse, financial needs, and any impairments preventing self-sufficiency. A disability may play a crucial role in establishing permanent or long-term alimony arrangements, but it does not guarantee full lifetime alimony to the disabled spouse. 

The Guiding Principle

The overriding principle guiding the Illinois court’s determination of maintenance for a disabled spouse is to ensure an equitable distribution of assets and income-earning potential upon divorce. The court does consider the duration of the marriage and the potential for rehabilitative measures that might increase the income-earning capacity of the disabled spouse. Maintenance awards are often based on proportionate contributions to the marriage and the financial needs of the parties involved.

Rehabilitative Maintenance vs. Permanent Maintenance 

While lifetime alimony is not a certainty for disabled spouses in Illinois, rehabilitative maintenance may be granted on the potential for rehabilitation or retraining aimed at increasing future self-sufficiency. Moreover, disability duration, severity, and prognosis can impact the reasoning behind granting permanent maintenance. Ultimately, the court assesses these factors to ensure a fair and sustainable outcome for both parties considering their unique circumstances. 

Contact a DuPage County Divorce Lawyer

For help pursuing a satisfactory maintenance decision by the court in your case, contact the skilled Wheaton divorce attorneys with The Stogsdill Law Firm, P.C.. Call 630-462-9500 for a private consultation. 

Source - https://adata.org/faq/what-definition-disability-under-ada

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