Answering Your Questions about Alimony

 Posted on May 18, 2017 in Family Law

Divorce is not an easy task, nor is it inexpensive. Sometimes the financial burden is so daunting that many choose to stay in an unfavorable situation. Economic struggle is unnecessary, as there are options that may be available to you, given your circumstances. One such option is alimony. Also known as spousal support or spousal maintenance, this is a payment made to you by your ex-spouse during a separation or after a divorce. Not everyone qualifies in every situation, but it is useful for those who would otherwise be financially burdened by a divorce.

What Is Alimony?

The ideal goal of divorce is to have two individuals arrive at the same standard of living once the divorce is complete. One issue is, for some reason or another, both spouses do not always make the same amount of money. Perhaps one was the homemaker while the other worked in an office. Maybe there was a difference in salaries, and one partner became the primary breadwinner. If your economic situation is vastly different from your spouse, alimony may be an option. A court order made by a family court judge may require that the higher-earning spouse makes regular payments to the other spouse for a temporary or permanent amount of time.

How Do Judges Determine Who Gets Paid?

Contrary to a popular misconception, the amount ordered to pay in alimony is not arbitrary. Additionally, a judge cannot pick a “favorite” in the courtroom. To ensure this be the case in every situation, Illinois stands by a list of factors to consider, including:

• Earned income of both parties,
• Property and debt,
• The financial need of everyone,
• Earning capacity,
• Income inhibited because one spouse stayed home and helped build the other spouse’s career,
• Estimation of the length of time necessary to complete school and gain employment,
• Necessity of work outside of the home,
• Standard of living during the marriage,
• The term of the duration of the union,
• Age,
• Physical and mental conditions, and
• Pre-existing agreements.

Alimony Is Not the Same as Child Support

There may be confusion over the calculation of alimony and if you qualify. The regulations surrounding family law fluctuate regularly. To get the most up-to-date and accurate information, it is always best to contact an experienced attorney. If you would like to have your questions answered by a Hinsdale, IL alimony attorney, contact the Law Office of Martoccio & Martoccio. We have substantial experience in the areas surrounding family law and will gladly assist you through this stressful time. Call us today at 630-920-8855, and we will gladly offer you a free and confidential initial consult.

Sources:

https://www.isba.org/ibj/2015/09/solvingxyillinoisspousalmaintenance

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