Do I Qualify for Alimony in My Rolling Meadows Divorce Case?

 Posted on February 08, 2022 in Alimony

The financial impact of divorce can often be just as devastating as the personal impact of the split. Many divorcing individuals worry about how they will make ends meet after they are no longer marred. This is often especially true for stay-at-home parents or spouses who have been out of the workforce for a long time. If you are getting divorced, you may wonder if you can get alimony, or as it is called in Illinois, spousal maintenance. Spousal maintenance can be a valuable source of financial assistance after a divorce, however, this support is not guaranteed. Read on to learn how a divorcing spouse can pursue financial support in the form of spousal maintenance in an Illinois divorce.

When Can a Divorcing Spouse Get Spousal Maintenance?

Alimony or spousal maintenance is not automatically granted in a divorce. There are two main ways that a spouse may receive maintenance payments: an agreement between the divorcing spouses or a court order. If you and your spouse do not already have a prenuptial agreement or other agreement entitling you to maintenance, you can petition the court for maintenance.

How Do Courts Decide Who Gets Maintenance Payments in a Divorce?

Courts award maintenance on a case-by-case basis. Many different elements play into the court’s decision, including:

• Each spouse’s income, assets, and earning capacity – The main consideration during spousal maintenance decisions is the spouses’ financial circumstances. The court needs to see evidence of the recipient’s need for spousal maintenance and the paying spouse’s ability to pay. The spouses’ earning capacities also influence the decision. Even if a spouse has little to no income presently, he or she may have the capacity to be financially self-sustaining in the future.
• Reduced earning capacity caused by marital or parental responsibilities – If a spouse sacrificed post-secondary education to be a parent or chose homemaking over career advancement, this is also considered by the court. Spouses who have not worked outside the home in many years will understandably struggle to reenter the workforce.
• Duration of the marriage and standard of living in the marriage – Courts may be less likely to award maintenance if the marriage was very short. The standard of living established during the marriage also influences the court’s decision.
• Non-financial contributions – Consider the following example:  A wife stayed home to maintain the house and raise the children while her husband completed medical school. Now he is a successful doctor making great money. In a situation like this, the court will consider how the wife’s non-financial contributions as a homemaker and parent helped the husband earn his medical degree and become financially successful.
• Health issues – Disabled spouses and those with serious health problems may not be able to meet their financial needs on their own.

This list is not exhaustive and other factors can influence the court’s decision regarding spousal maintenance. The best way to know whether you may qualify for spousal maintenance in your divorce is to speak with an experienced divorce lawyer who can evaluate your unique situation.

Contact a Rolling Meadows Divorce Lawyer

Arlington Heights divorce attorney Donald J. Cosley has been representing divorcing spouses  for over 20 years. He can help you address spousal support, child support, property division, and other divorce issues. Call Cosley Law Office for a free consultation at 847-253-3100.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6200000&SeqEnd=8675000