When a couple divorces in Illinois, one of the significant considerations is the potential for alimony, also known as spousal maintenance. Alimony involves financial support one spouse provides to the other during and/or after the divorce. The purpose of alimony is to minimize any unfair economic consequences that one spouse might face as a result of the divorce.
In Illinois, courts do not automatically award alimony. Instead, they consider various factors to determine whether a spouse should receive alimony, and if so, how much and for how long.
Income and property of each spouse
The court will evaluate the income and property of each spouse, including marital property allocated to and non-marital property assigned to the party seeking maintenance.
Needs of each party
The court will assess the needs of each party. This assessment includes considering the standard of living established during the marriage and the likelihood that each party can maintain a comparable standard of living.
Earning capacities of each party
The court will examine the present and future earning capacity of each spouse. This includes considering the time necessary for the spouse seeking maintenance to acquire appropriate education, training and employment.
Duration of the marriage
The length of the marriage plays a significant role in determining alimony. Generally, the longer the marriage, the more likely the court may grant a longer duration of alimony.
Impairment of earning capacity
The court will consider whether the spouse seeking maintenance has had their earning capacity impaired due to domestic duties, including foregoing or delaying education, training, employment or career opportunities.
Age and health of each spouse
The age, physical condition and emotional state of the parties are also significant factors that the court considers when determining alimony.
Determining alimony in Illinois is a complex process designed to ensure fairness and financial support for a spouse who might be economically disadvantaged by the divorce.
