What Factors are Considered in Illinois Alimony Determinations?

 Posted on August 04, 2023 in Divorce

If you have spent most of your adult life as a homemaker, then worrying about how you will provide for yourself should not be a barrier to getting divorced. If you have reached a point where you no longer feel that your marriage is working out, you should have the same freedom a working person would have to leave. Unfortunately, practical financial circumstances sometimes work to keep people - especially women - trapped in a marriage they do not want to be in anymore. Illinois courts have long since recognized both the economic value of a homemaker spouse and the difficulty of reentering the workforce after years away. These are some of the reasons that the legal concept of alimony was developed. In some cases, you may be entitled to continue receiving support payments from your spouse for a length of time after your marriage has ended. Alimony can be a very contentious issue in a divorce, so it is important to involve a lawyer early on if you believe that you will need alimony payments to support yourself after you get divorced. 

How do Illinois Courts Decide Whether Spousal Support is Appropriate? 

Especially now that it is most common for both spouses to work outside the home for pay, spousal support is not appropriate in every divorce case. Factors Illinois courts may consider when determining whether alimony is appropriate in your particular case include: 

• Length of marriage - If you were married for many years and worked as a homemaker during most or all of them, the court is likely to consider alimony appropriate. However, courts are reluctant to grant alimony when the marriage only lasted several years. 

• Property and expenses of each spouse - The court will consider the assets owned by each party and the types of expenses each party has when considering whether to grant alimony. If you have significant assets you could use to earn an income, such as rental properties, alimony may be less appropriate. If you have particular expenses like medical bills and no clear way to pay them, the court may be more inclined to grant you maintenance. 

• Earning potential - The court will consider not only your actual earnings, but also what your future earning potential may be. If you do not have an education or vocational training to fall back on, the court may want to see that you have financial support as you ready yourself for the workforce. 

• Standard of living - Courts generally do not want to see one spouse’s lifestyle suffer far more than the other’s. 

Determining whether alimony is right for your case requires the court to consider multiple factors together. 

Contact a Kane County Divorce Lawyer 

Goostree Law Group is committed to helping homemaker spouses receive a fair and beneficial divorce decree. Our caring team of Kane County divorce attorneys will strive to see you set up for financial stability. To begin with a complimentary consultation, please contact us at 630-584-4800. 

Source: 

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