The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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IL divorce lawyerDivorce can take an emotional and financial toll on both parties involved. For couples with income disparities, alimony helps ensure the lower-earning spouse maintains financial stability. Illinois has guidelines for alimony duration, but judges consider unique circumstances when making final decisions.

Calculating Alimony Duration in Illinois

Illinois utilizes a formula to calculate alimony duration based on the length of the marriage. For marriages lasting less than five years, alimony payments typically continue for 20 percent of the time the couple is married.

For marriages between five and 20 years, the percentage used to determine alimony duration increases incrementally based on the total years married. A marriage lasting five to six years would result in alimony payments over 24% of the time married. A six- to seven-year marriage equals alimony for 28 percent of the duration. The percentage keeps increasing up until marriages lasting 15 to 20 years.

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Qualifying For Alimony In Illinois

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illinois spousal maintenance lawyerIn the state of Illinois, alimony, or spousal support, are regular payments made to an ex-spouse from another ex-spouse. These payments are separate from those made for child support. These are meant to help financially support the receiving party who may need further education or financial support until they can gain the skills necessary to become self-sufficient. When addressing matters relating to spousal support, working with an experienced divorce attorney can help your chances of achieving a positive outcome. 

When Is Spousal Support Ordered?

In Illinois, there are two ways in which a spouse can be granted spousal support, called “spousal maintenance” in the law. Either the party can decide on a spousal maintenance arrangement through an agreement or it can be ordered by a judge. When considering a spousal support order during a divorce, a judge will consider many factors and circumstances. These things include: 

  • Each party's current and future income

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Batavia divorce attorney spousal maintenance

In many marriages, it is not uncommon for one spouse to have a higher income than the other spouse. In these situations, the lesser-earning spouse relies on the higher-earning spouse to facilitate and maintain the way of life they are used to. In some cases, the lesser-earning spouse may not even be employed and may have been a homemaker and contributed to the household that way. When couples who have a significant imbalance in income get a divorce, the lesser-earning spouse is often awarded spousal support in Illinois, which is also known as spousal maintenance or alimony.

Receiving Spousal Maintenance

Spousal maintenance is never guaranteed in any divorce. However, some people are still required to pay spousal support because of a previously entered marital agreement. If you and your spouse have a prenuptial or postnuptial agreement, the court will examine these documents to ensure that they are valid. If they are found to be valid, you will have to abide by the terms of the agreement you agreed to prior. If your agreement is deemed invalid or you did not have an agreement, the court will determine whether or not spousal maintenance is appropriate by looking at a variety of factors. These elements can include things such as you and your spouse’s age, health, occupation, education, work history, contribution to the marriage, and more.

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Oswego spousal maintenance attorney

There many issues that can break up a marriage -- infidelity, lack of communication, a difference in values -- the list goes on. One of the most commonly cited topics of marital stress is money. The stress does not end once the marriage is over, though. The majority of married couples plan their lives around two incomes. When a couple gets divorced, suddenly both spouses now have to figure out how to balance their lifestyles with their newly single-income household. In some cases, one spouse simply does not earn enough to survive or enjoy nearly as comfortable a lifestyle as he or she did before the divorce. In certain situations, spousal maintenance may be awarded, which can help alleviate this financial burden.

Will I Be Awarded Spousal Maintenance?

According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), there is no guarantee that spousal maintenance will be awarded in any divorce case. If you think that you deserve to receive spousal maintenance, you must file a petition with the court to have your case heard. It is up to the judge to decide whether or not a spousal maintenance award (commonly known as alimony) is appropriate for your case. Before the judge makes his or her final decision, he or she will consider all relevant factors in your case. These include, but are not limited to:

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How can Infidelity Affect Your Alimony in a Divorce?, alimony, spousal support, divorce, adultery, law officeAfter a divorce, many people find out that there are certain evaluations about what they have contributed to the marriage financially that must be made. There can be circumstances where both the husband and wife work outside the home and share equal earning power. Another common scenario is where one party to the divorce primarily contributes time and energy to the development of the family and home while the other works outside of the home to primarily provide financial stability.

Alimony, which in Illinois is called maintenance, is the money that one spouse pays the other to ensure that both parties are situated in a financially equitable position after the divorce. The idea behind alimony is ensuring that one spouse is not unjustly enriched at the expense of the other spouse.

When Is Alimony Ordered in the Divorce Process?  

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The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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