How Long Will I Be Paying Spousal Support After My Illinois Divorce?

 Posted on October 23, 2020 in Spousal Maintenance

As you prepare for the financial impact of your divorce, you may be concerned about a possible order to pay spousal support that could put stress on your budget. Though spousal maintenance or alimony is a part of some Illinois divorces, it may not be as burdensome as you expect, especially if you work with an experienced divorce lawyer who can help you protect your financial interests.

Will Spousal Maintenance Be Included In My Illinois Divorce Order?

It is first important to note that your divorce may not include a spousal support order at all. In Illinois, maintenance is typically only awarded in cases of need, such as when there is a significant imbalance between the assets, income, and earning potential of you and your spouse that cannot be addressed equitably through the division of property alone. If your income is relatively low, or if your spouse has sufficient income to support himself or herself, chances are that you will not be ordered to pay spousal support, and you may even be able to receive it.

Duration of Spousal Support Obligations in Illinois

In most cases, you will not be ordered to pay spousal support for the rest of your life. Rather, the duration of payments will usually depend on the length of your marriage. For example, if you were married for less than five years, you would only be obligated to make maintenance payments for 20 percent of the time you were married. Only in the case of a marriage of 20 years or more would you potentially be making payments for the entire length of your marriage or indefinitely.

Spousal maintenance obligations can also terminate if your spouse remarries or begins cohabiting with a new partner, and you can pursue a modification to the spousal support order if your or your ex’s financial situation changes significantly. This can protect you from undue hardship if you lose your job, for example, but it is important that you continue to follow the original order until you obtain court approval for your petition for modification.

Contact a Rolling Meadows Divorce Lawyer Today

When you need an attorney to help you protect your interests in a divorce, the Cosley Law Office has you covered. We will work to ensure that your original divorce and spousal support order is fair, and we can help you pursue a modification if your initial order no longer applies to your current situation. Contact an experienced Arlington Heights divorce attorney today at 847-253-3100 to schedule a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm