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Wakenight & Associates, P.C.

707 N. York Street, Suite 201, Elmhurst, IL 60126

DuPage County | 630-528-0734

Mokena | 815-458-5660   Oak Park | 708-480-9651

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Will I Receive Spousal Maintenance After My Illinois Divorce?

Posted on in Spousal Maintenance

Oak Brook divorce lawyers

In today’s world, most married couples rely on two incomes to live comfortably. Getting a divorce means you are no longer using two incomes to pay bills, as you will have to make ends meet with your paycheck alone. For some, this may not be a big deal, but for others, it can make supporting themselves very difficult. This is where spousal maintenance comes in. 

Also known as spousal support or alimony, spousal maintenance is ordered by a judge and is typically used to allow both spouses to continue the same quality of life they had when they were married.

Factors in Determining Alimony

Spousal maintenance is not guaranteed in all Illinois divorce cases. For the most part, spousal maintenance will only be awarded when it is needed to make a divorce settlement more equitable. When making determinations about spousal maintenance, the judge will examine the marriage and divorce and will use a specific set of factors to make their decision. Factors that must be considered include:

Each spouse’s income and property, including property that was awarded in the divorce and financial obligations that may have arisen during the divorce;

  • The present and future earning capacity of each spouse;
  • The needs of each spouse;
  • Whether either spouse devoted time to domestic duties;
  • Whether either spouse gave up or delayed education, training, employment, or career opportunities because of the marriage;
  • Any impairment of present or future earning capacity of the spouse who will pay maintenance;
  • How long it would take for the spouse seeking maintenance to obtain education, training, and employment;
  • Whether the spouse seeking maintenance would be able to support themselves during the education and training period;
  • Any parental responsibility agreements and how they would affect each spouse’s ability to find and maintain employment;
  • The standard of living that was established during the marriage;
  • How long the marriage lasted;
  • The age, health, occupation, amount of income, and employability of each spouse;
  • The tax consequences spousal maintenance would have on each spouse;
  • Whether any valid agreement between the spouses exists, such as a prenuptial agreement; and
  • Any other factor the court deems to be relevant.

A DuPage County Spousal Maintenance Attorney Can Help

The idea of only having your single income to make ends meet can be daunting. If you think you may be entitled to spousal maintenance after your divorce but want to know for sure, talk to an experienced Elmhurst spousal maintenance lawyer as soon as possible. At Wakenight & Associates, P.C., we can help secure your post-divorce financial stability. Call our office today at 630-528-0734 to schedule a free consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

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