Establishing Spousal Support in Illinois

Posted on in Spousal Support

spousal support, Wheaton family law attorneyDivorce is often a hardship that weighs heavily on nearly every aspect of an individual’s life. It can be emotionally and physically taxing, but it can also be financially damaging. Too many times does a couple stay together because it is economically easier. Both are used to a certain standard of living and feels as though they would not be able to support themselves if they went out on their own. One solution is to apply for spousal support.

What Is Spousal Support?

Spousal support, also known as spousal maintenance or alimony, is a payment that is made by one spouse to another after a divorce or separation. While spousal support is not always necessary, its main purpose it to help offset effects of divorce and to ensure that neither individual is left in poverty due to the divorce. Typically, this payment is calculated in order to assist both parties in the divorce maintain a similar standard of living after a divorce is final as was enjoyed during the marriage.

How Is Spousal Support Calculated?

During divorce proceedings, a process also known as dissolution of marriage, a judge will also be able to address the terms of the alimony payment. This is done without consideration of marital misconduct, including a cheating spouse. The law provides a formula for calculating support to be used in most cases, but the court has the discretion to deviate from the guidelines as necessary. Spousal maintenance may be paid from the income or property earnings after all relevant factors are considered, including but not limited to:

  • Income and property of each party, including marital property apportioned and non-marital property assigned to the spouse seeking the support payment;
  • Individual needs of each party;
  • Current and future earning capacity of each person;
  • Any hinderance to the present and future earning capacity of the spouse who devoted time to domestic duties or refrained from or delayed education, training, employment, or career opportunities to better the marriage; and
  • Ample time to enable either person to acquire appropriate education, training, and employment, and whether that party is able to support himself or herself through appropriate employment or is the custodian of a child making it inappropriate for that spouse to seek employment.

There is a wide array of elements that are considered when determining alimony payment during a divorce. If you and your spouse are separating and you feel that you would benefit from alimony payments, it is often helpful to have an experienced attorney to assist you in your case. Having the right attorney can make the difference between having the ability to financially provide for your family now and in the future or having to make the tough decision of which bill to pay because you are struggling to make ends meet. If you would like to speak with a Wheaton, IL divorce attorney, contact us today at 630-871-1002 to schedule your free initial consultation.

Sources:

http://ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2097&ChapterID=59

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K504

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