Divorce can be financially challenging, especially if one spouse has a higher income. In Illinois, alimony (also known as spousal maintenance) helps lower-earning spouses support themselves. But not everyone qualifies for it.
Factors that affect alimony eligibility
Judges do not award alimony in every divorce case. Instead, they look at several factors to decide whether support is necessary. Here are some key points they consider:
- Income disparity: if one spouse earns significantly more than the other, the court may order financial support. This support helps the lower-earning spouse maintain stability during the transition.
- Stay-at-home parents: if one spouse stayed home to care for the children or support the household, the court may grant maintenance. The goal is to ensure that the stay-at-home parent can get back on their feet financially.
- Economic hardship: courts may award support if a spouse has a disability or struggles to find work due to age. The support helps cover basic needs and maintain a reasonable standard of living.
- High-net-worth divorces: in cases with significant assets, alimony may balance financial inequalities. The goal is to make the division of property fair for both parties.
How courts calculate alimony
If the court decides that alimony is appropriate, it will calculate the amount and duration based on several factors:
- Length of the marriage: long-term marriages often result in longer support periods. If the marriage lasted over 20 years, the court might grant indefinite alimony.
- Financial situations: courts look at both spouses’ incomes and their ability to earn in the future. They also consider any child support payments or tax consequences.
- Standard of living: the court aims to preserve the standard of living established during the marriage. It also evaluates how long it would take for the lower-earning spouse to improve their job skills.
- Existing agreements: if the spouses agreed on support terms before or during the marriage, the court may honor that agreement.
Types of alimony you might receive
Illinois courts award distinct types of alimony depending on your circumstances:
- Fixed-term maintenance: payments last for a set period, ending on a specific date.
- Indefinite maintenance: payments continue until either party requests a change or the court terminates the order.
- Reviewable maintenance: the court reviews the payments after a set period to decide whether to continue or end them.
Alimony can make a significant difference during and after divorce. If you are unsure whether you qualify, consult an experienced family law attorney. They can evaluate your situation and help you understand your options.