When the marriage is no longer tenable and you and your spouse decide to call it quits, it is all but certain that you will talk about property division. And if you share a child, then you will need to come up with a child custody, support and visitation plan too per Illinois child support statute.
Spousal support, however, is different. Unlike property division, co-parenting and child support, spousal support is not automatic during an Illinois divorce. In Illinois, spousal support is awarded based on the circumstances of your divorce.
Who gets spousal support during an Illinois divorce?
Typically, spousal support is awarded to the party who is likely to be adversely impacted by divorce. Thus, either party can be awarded spousal support. Most couples agree on spousal support terms out of court. However, if this is not possible, then the family court will step in to make a ruling.
Here are some of the factors the court will take into account when awarding spousal maintenance in Illinois:
- Each party’s income, property as well as the amount of marital property they are walking out of the marriage with
- Each party’s financial needs and obligations
- Each party’s current and future earning potential
- The standard of living you had while in the marriage
- Any factor related to employability such as each party’s age, education and health
- Existence of a prenuptial or post-nuptial agreement
Will you be awarded spousal maintenance?
Spousal support is intended to help the party who may otherwise struggle financially following the divorce gains their independence. However, it helps to understand that it is not awarded in all divorce cases. Find out how you can safeguard your rights and interests while litigating spousal support in Illinois.