Is Alimony Guaranteed in an Illinois Divorce?

 Posted on December 06, 2023 in Family Law

As much as some spouses would like to hear that maintenance is guaranteed at the end of every divorce, the reality is that not everyone who petitions for maintenance will be awarded it. Instead, a spouse must qualify for spousal maintenance in one of two ways. Understanding the intricacies of divorce and how it pertains to maintenance is important. An experienced lawyer with knowledge on the subject can go a long way to helping you figure out what you are entitled to once a divorce is finalized.

What is Spousal Maintenance?

Spousal maintenance, also referred to as alimony or spousal support, is a payment that one spouse makes to the other to maintain their current standard of living. Over the duration of maintenance payments, the recipient will often undergo education or job training to secure employment that would help them maintain their living standards.

Qualifications of Spousal Maintenance

There are two ways to secure spousal maintenance in a divorce:

• It was laid out in a premarital or post-marital agreement
• The court orders one spouse to pay maintenance for a set duration

As long as what is stated in your premarital or post-marital agreement meets the required criteria of Illinois law, you may be entitled to spousal maintenance. Any marital agreement signed under duress that does not meet proper Illinois state guidelines or is considered unfair to one party may not be legally accepted by the court.

One spouse can request spousal maintenance payments during a legal separation or divorce. However, proof of financial hardship where the support is necessary is required to be granted this request.

How The Court Determines Maintenance

Many factors are considered when determining if spousal maintenance should be awarded. Some of these determinations include:

• The marital assets of both spouses, as well as their income and personal property
• Why support is needed
• Current and future earning potential of the spouse who is requesting maintenance
• Possible impairments of the requesting spouse during the marriage
• How long the marriage lasted
• The standard of living during the marriage
• How long the requesting spouse may need to become self-sustainable
• Both spouse’s age and health
• Legally binding marital agreements

Does Maintenance Last Indefinitely?

Maintenance is not guaranteed, and it may also have an end date. Some maintenance is only meant to be temporary and will end once the set date has been reached. The duration of spousal maintenance depends on the type of maintenance being requested and awarded. Permanent maintenance can be awarded in rare situations. To receive permanent maintenance, the marriage must have lasted at least 20 years, or the requesting spouse must have a condition, generally related to health, that prevents them from becoming gainfully employed.

Contact a DuPage County, IL Divorce Attorney

A qualified Hinsdale, IL spousal maintenance lawyer can make all the difference when choosing to pursue spousal maintenance. For any questions concerning maintenance or other divorce-related legal matters, contact the Law Office of Martoccio & Martoccio at 630-920-8855. We provide free consultations to discuss your legal issues and can promise to deliver your case with personal attention and dedication.