Divorce often has a major financial impact on both parties. Spousal maintenance, also called spousal support or alimony, may be paid by the higher-earning spouse to the lower-earning spouse to offset some of the negative financial consequences of the divorce. Spousal maintenance may be negotiated and agreed upon by the spouses or imposed by the court. If your spouse is seeking alimony from you, it is important to understand your rights.
Entitlement to Spousal Support
Spouses are not automatically entitled to spousal support because they make less than the other spouse. There are three main ways that a spouse may receive support in a divorce: The first is through a premarital or prenuptial agreement. Courts typically uphold spousal maintenance provisions in a prenup unless there are questions about the validity of the agreement or concerns that the maintenance arrangements would cause undue hardship to a spouse. Spouses may also be able to negotiate the terms of spousal maintenance with help from their respective divorce lawyers. Lastly, a spouse may petition the court for spousal maintenance.
Illinois courts award maintenance on a case-by-case basis based on: