How Do I Know If I Am Eligible for Alimony?

 Posted on October 26, 2023 in Spousal Maintenance

Divorce can be complicated. Before a couple can legally end their marriage, they need to figure out how their formerly merged life will transition into two mostly separate lives. Every divorced couple’s settlement is different, each with conditions that are unique to the people involved. One major issue that comes up in a divorce settlement is alimony. It is not a clear “yes or no” issue because it depends on many factors. If you are headed toward divorce and feel confused about whether you might qualify for alimony, a knowledgeable Naperville, IL divorce lawyer can clear things up and set you on the right path to ensure your rights are protected.

Do I Qualify?

In the State of Illinois, alimony is called “spousal support” or “spousal maintenance.” The idea behind this arrangement is that someone in an unhappy marriage should not feel compelled to stay in that marriage for the sole reason that an Illinois divorce could cause them to suffer financially.

Generally speaking, if one spouse earns more than the other, the lower-earning spouse will be granted monthly spousal support payments from the higher-earning spouse. Since Illinois is known as a “no-fault state,” these payments are determined without regard for the divorce circumstances. Even if one spouse (the alimony payer or receiver) were disloyal or deceitful, this would have no bearing on the spousal support arrangement.

There are a couple of common misconceptions about spousal maintenance, including:

• Alimony payments are a punishment for a spouse responsible for the marriage’s failure. In truth and by law, decisions about spousal maintenance are to be made regardless of any supposed misconduct by either spouse. 
• Alimony is something paid to ex-wives. In truth, either spouse can request spousal support during divorce proceedings.

Ultimately, the court will decide whether someone qualifies to receive alimony payments based on several factors, including:

• Each spouse’s income and property
• Each spouse’s financial needs
• Each spouse’s age and general health
• How long the marriage lasted
• Each spouse’s earning potential
• Any prenuptial or postnuptial agreements that might be in place.

Schedule a Free Consultation with a Naperville, IL Alimony Attorney

If you are considering divorce but have concerns about a possible alimony settlement, please call Pesce Law Group, P.C. at 630-352-2240 for a free consultation. An experienced DuPage County, IL divorce lawyer will be able to clear up any confusion about the process and start you on your journey.