Who Qualifies To Receive Spousal Support In My Illinois Divorce?

Going through a divorce can leave you with many questions, mainly about your financial future. Fortunately, we're here to help. 

What is spousal support? 

Spousal support is a court-ordered provision for a spouse after separation or divorce. It is also referred to as alimony or maintenance.

Who qualifies to receive spousal support in my Illinois divorce? 

• In Illinois, courts don't observe fault in the determining of spousal support. They do however take into consideration:
• the length of the marriage;
• the age, emotional, and physical state of both spouses;
• the standard of living established during the marriage;
• both spouses' property and income, including marital and non-marital; 
• the financial obligations of each spouse;
• the earning capacity of the spouse requesting spousal support;
• any element that the court believes is fair and just. 

If both spouses are able to support themselves, the court may not award any spousal support, even in the case where one spouse out earns the other substantially. In that situation, the court may compensate the lower earning spouse by distributing more of the martial property to them.

Can I receive spousal support during the divorce proceeding? 
Yes, however Illinois courts won't decide on a permanent spousal support order until the divorce proceedings have ended. You may receive temporary support while the divorce is underway. The amount can be decided by both spouses. If an agreement cannot be reached, a judge can order one spouse to pay temporarily. This temporary order usually ends when the final judgement of divorce is reached.

How long does spousal support last? 
This depends on the situation. Short-term rehabilitative maintenance can last as long as it takes for a spouse to gain the necessary skills to become financially independent. Longer-term maintenance can be set for a time period then reviewed at a later date to determine whether it should continue as is, be decreased, increased, or terminated.

Can the spousal support schedule or amount be changed? 
It can. Alimony can be made modifiable or non-modifiable by spouses, if they agree. If they do not agree to make spousal support non-modifiable, the payment commitment terminates automatically when the spouse receiving support remarries, lives with a new partner, or dies.

For more in depth information pertaining to your specific situation, contact Illinois Divorce Attorney Vincent Ruggiero at 630-654-0044 for assistance with your spousal support matters in DuPage, Will, Kane, and Cook Counties.