How Spousal Support Works in Illinois

 Posted on December 07, 2022 in Family Law

One spouse in a divorce may seek financial support through “spousal maintenance,” which is more commonly referred to as alimony or spousal support. 

Courts must take a multitude of factors into consideration when determining whether spousal support should be paid, and this can include the incomes and earning capacities of both spouses, how long a marriage lasted, and any requirements under a premarital or postnuptial agreement. If you think that your spouse is seeking too much money or they are not paying enough, you will want to work with a DuPage County spousal support lawyer who can help you navigate the court process and pursue the most desirable outcome for your case.

Illinois Spousal Support Laws

The Illinois state law governing spousal support claims is found in 750 Illinois Consolidated Statute § 5/504. Under this law, courts first need to make multiple findings as to whether a spousal support award would be appropriate. 

Analysis involves considering 14 different factors, including each party’s income and property and each party’s needs. A court must also consider the current and future earning capacities of each party.

When a spouse had their earning capacity impaired because of time devoted to their domestic duties or any abandoned or delayed training, education, employment, or career chances because of their marriage, that can also be considered by the courts. This is also true for any other impairment of earning capacity.

Courts assess the time a party seeking spousal support needs to obtain necessary training, education, and employment to be financially independent. Parental responsibility and parenting time arrangements could play a role and what effects they might have on either party’s employment ability.

The standard of living both parties enjoyed during their marriage will also be a consideration as will the duration of the marriage. The ages, employability, health, estate, occupations, liabilities, amounts, vocational skills, sources of income, and needs of each party are also to be considered.

Contact a Hindsale Divorce Attorney

Courts will also look at all sources of public and private income, each party’s tax consequences, and any contributions or services by a party seeking spousal support to the career, education, career potential, training, or license of a spouse. Call Us Today to Speak with a DuPage County Spousal Support Attorney

Are you currently in the midst of a dispute about spousal support? Make sure that you speak with the Hinsdale spousal support lawyers at Law Office of Martoccio & Martoccio to get a full understanding of exactly what is legally required in your case.

Our firm knows how much stress these kinds of situations can add to a person’s life and we work hard to help make your situation easier so you do not have to worry about anything. Call 630-920-8855 or contact us online to arrange a free initial consultation.

Sources:

https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm