Are Spousal Maintenance Payments Automatically Awarded in Illinois Divorce Cases? 

 Posted on June 15, 2023 in Divorce

Kane County Family Law AttorneySpousal support, commonly referred to as spousal maintenance or alimony, is a vital consideration in many divorce cases, assisting individuals in maintaining their financial well-being after divorce proceedings have been completed. Often parties in a divorce may be unaware of the factors determining whether spousal maintenance is paid or what amount should be paid to the requesting party. One widespread assumption is that spousal maintenance payments are automatically awarded in divorce cases. However, this is not the case.

Illinois provides guidelines as to determining whether spousal maintenance payments will be awarded. The final decision will rely upon the individual case specifics and circumstances. There is no universal formula to determine a payment amount. If you have questions or concerns about spousal payments, contact a divorce attorney to see how spousal payments may or may not be relevant to your case. 

Considerations for Spousal Support Payments in Illinois

In Illinois, laws around spousal maintenance payments are determined by the “Illinois Marriage and Dissolution of Marriage Act.” This law identifies various factors that should be considered, such as how long the couple was married, the age and health of both parties, their earning capacity and job histories, and if there are any significant inconsistencies in their income.

Ascertaining these components is fundamental in establishing the need for spousal maintenance payments. Other fundamental factors that may affect the awarding of spousal payments include the childcare obligations of each spouse, the lifestyle the parties enjoyed before their divorce, and the current financial status of both parties. Judges operate on tight rules when assessing the validity of spousal maintenance requests, as it is widely understood in the legal community that the financial future of someone after a divorce can hinge heavily upon whether they are required to provide support payments or receive support payments themselves.  

The amount of spousal maintenance payments and the duration of such payments will be deemed by the judge per what they consider most appropriate for the circumstances. Therefore, the judicial review process and rationale behind the decision vary depending on the available context. 

Contact a Kane County Divorce Lawyer

During this critical time, engaging with an experienced attorney who can guide you in the negotiation or litigation surrounding spousal maintenance payments in Illinois is essential. Your lawyer will also advise you on whether you should seek spousal support, the factors which affect payments in your case, and more. Contact the qualified St. Charles divorce attorneys with Goostree Law Group. Call 630-584-4800 for a free consultation. 




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