How Is Spousal Maintenance Addressed in an Illinois Divorce?

 Posted on June 26, 2023 in Spousal Maintenance

Going through a divorce can be a difficult process. If you are planning to end your marriage, you will likely have many questions about the legal issues that may affect you, and you will also need to make sure you will be able to support yourself after your marriage has ended. Reaching agreements about finances can be challenging and time-consuming, and you will need to be prepared to address issues related to financial support. If there is a significant difference between the level of income you earn when compared to your spouse, spousal maintenance may be a factor that you will need to consider.

While Illinois law uses the term spousal maintenance to refer to support paid by one spouse to the other, these payments are commonly known as alimony or spousal support. The higher-earning spouse may be required to pay a certain amount each month to the lower-earning spouse. By understanding when these types of payments may be ordered, spouses can ensure that this issue will be addressed correctly during the divorce process.

When Does Spousal Maintenance Become Necessary?

A person may only receive spousal maintenance from their former partner if the couple was married. A person who is unmarried does not have any right to receive maintenance from their former partner. No matter how long a couple was together, spousal maintenance will not be ordered if they are not legally married. However, if an unmarried couple has children, they will need to determine how child support obligations for both parties will be handled.

Spousal maintenance is not automatically awarded during a divorce. Even if one party earns more than the other, this does not necessarily guarantee that the other party will be able to receive spousal support. The purpose of spousal maintenance is to ensure that both parties can maintain their standard of living, and payments from one spouse to the other may be necessary if there is a large difference between the parties’ incomes or if one spouse has not worked during the couple’s marriage.

Spousal maintenance is based on need and the financial circumstances of the parties. “Marital misconduct” such as affairs or abandonment generally will not be considered when determining whether spousal support should be awarded. Even if a spouse has committed physical or verbal abuse, this may not necessarily be a factor that will be considered unless it has affected a spouse’s ability to support themselves. 

Illinois law defines specific factors that may be considered when deciding whether maintenance will be awarded. These include: 

• The financial needs of each party 

• The income of each party and their potential future earnings 

• Factors that may affect each party’s employability, including physical health, education, and previous work experience

• The standard of living during the marriage 

• Issues that may impact each spouse’s ability to earn income, such as decisions about child custody

• The distribution of assets between spouses and how this may affect each party’s financial resources

• A party's contributions to the other party’s earnings, such as assistance pursuing an education that allowed them to increase their income

• Any prenuptial or postnuptial agreements 

• Other factors that may play a role in reaching a fair and equitable outcome to the couple’s case

Contact a Naperville Spousal Maintenance Attorney

At Pesce Law Group, P.C., we understand that issues related to spousal maintenance can be complicated, especially when a divorce involves complex financial factors. We can work with you to determine whether you may be eligible to receive spousal support or whether you may be required to pay alimony to your ex-spouse. We will help you negotiate agreements that will protect your financial interests moving forward. Contact our DuPage County spousal support lawyers to learn more about how we can help with your case. Call 630-352-2240 to set up a free consultation today. 

Source: 

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