Whether you can be awarded alimony in your Illinois divorce depends on the length of your marriage, the marital income, and other factors Illinois spousal maintenance law considers important. The judge will likely take your ability to earn a living into consideration as well. If you were married and a homemaker for a long time, you likely have a very strong case for needing alimony. It can be extremely difficult to re-enter the workforce after years of being a full-time parent or devoting yourself to running the household. Courts generally do not want to see anyone left in a position where they cannot afford to meet their basic needs after a divorce. If you believe that you will need alimony after your divorce, it is important to work with an experienced attorney who can identify the best arguments in your favor.
Length of Marriage Matters
People who were married for a very long time usually have the best chances of being awarded alimony. This is because courts know it can be very challenging for someone who has not worked in many years to suddenly start working again. Divorcing spouses in this position may receive temporary alimony for a set period of time so that they have support while getting an education or job training.
Ability to Work is Important
In some cases, one spouse cannot work at all due to a disability or advanced age. In these cases, courts are more likely to award long-term alimony. If you are an older couple getting divorced, the court will not likely expect either spouse to go out and learn new job skills. Judges generally do not want to see people suddenly unable to meet their basic needs because they got divorced. In most cases, courts will try to make sure both spouses can largely maintain their standard of living.
Consider Other Assets
Another factor judges will consider when deciding whether to award alimony is how other marital property will be divided. If there are substantial marital assets, the nonworking spouse may be awarded enough property to continue supporting themself. In those cases, alimony might not be deemed appropriate. For example, if you were a homemaker and you received several residential properties used as short-term rentals, the court will recognize that you are going to have income from those properties.
Contact a Wheaton, IL, Divorce Lawyer
If you are in need of alimony after your divorce, Andrew Cores Family Law Group may be able to help you secure the support you need. Our committed DuPage County divorce attorneys will do everything we can to get you the spousal maintenance you deserve. Contact us at 630-871-1002 for a complimentary consultation.