Can You Still Get Alimony During Divorce in Illinois?

 Posted on November 14, 2022 in Alimony

Modern families often have two spouses who work outside the home and earn a living. In today’s world, many wives make just as much money as their husbands – if not more. Consequently, some people wonder if alimony is even available in a 2022 divorce.  

Illinois law does allow for alimony, technically called “spousal maintenance,” during a divorce. There are a few different ways that a spouse may be entitled to maintenance payments. If you are ending your marriage, it is important to know how spousal maintenance may come into play during your divorce.

Who Can Get Spousal Maintenance?

Spouses may agree to a spousal maintenance arrangement, or a spouse seeking maintenance may petition the court for a spousal maintenance order. Illinois courts award spousal maintenance when divorce leaves one spouse at a serious financial disadvantage. For example, if a woman has not worked outside of the home in several decades because she has been raising the couple’s children, she would likely have a very difficult time securing adequate employment and becoming financially self-sufficient. Consequently, the court may award her spousal maintenance. While the majority of spousal maintenance recipients are women, the law makes no distinction between men and women.

How is the Payment Amount Decided?

If the court awards spousal maintenance, the amount a spouse receives is usually based on a statutory formula that takes both parties’ net incomes into account. The couple may also be able to negotiate the terms of their spousal maintenance arrangement with help from their respective attorneys. If you want to request spousal maintenance or you suspect that you will have to pay maintenance, contact a divorce lawyer who can help you understand all of your options and take the appropriate action.

How Long Does Alimony Last?

Spousal maintenance is usually temporary. The payments provide financial support to the recipient while he or she gains the education or skills needed to reenter the workforce. The duration of maintenance payments usually reflects the duration of the marriage. The longer the marriage, the longer the recipient is entitled to payments. However, payments cease if the recipient gets remarried or cohabitates with a romantic partner.

Contact Our Naperville Alimony Lawyer

While it is less common than it used to be, alimony is still sometimes awarded during an Illinois divorce. If you are getting divorced and you want to learn more, contact J. Aldrich Law, P.C. today. Our DuPage County divorce lawyers provide legal guidance and help with alimony, property division, child custody, and all other divorce issues. Call our office at 630-953-3000 and set up a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K504