Will I Receive Spousal Maintenance After My Illinois Divorce?

 Posted on December 21, 2020 in Spousal Maintenance

One of the most stressful and frustrating aspects of divorcing your spouse is the financial aspect of the situation. For some couples, the money side of the divorce may not be of much concern, but for most couples, getting a divorce puts a real financial strain on both parties. According to Bankrate, the average cost of a divorce is around $15,000, but the final price tag could be upward of $100,000 in extremely contentious divorces. That is a hefty bill for anyone to foot, especially for those who are disabled or who have been homemakers and who have not held a career. In some situations, spousal maintenance, also known as alimony, can be paid by one spouse to another to help with living expenses. However, spousal maintenance is not awarded in all divorce cases.

Determining a Need for Spousal Maintenance

In some cases, a couple may have an existing prenuptial or postnuptial agreement that dictates the terms of spousal support. If the agreement is determined to be valid and upheld, the guidelines contained in the agreement can be used to determine spousal maintenance.

In other situations, the parties may agree on a certain amount of spousal support to be paid each month and for a certain length of time. If they cannot come to an agreement and one spouse wishes to pursue maintenance, they must proceed to court where a judge will determine whether or not a maintenance award is appropriate. The judge will base his or her decision on a variety of factors contained in the Illinois Marriage and Dissolution of Marriage Act (IMDMA). These factors include:

• Each spouse’s income and needs

• Each spouse’s current and future earning capacity

• The length of the marriage and the standard of living that was established during the marriage

• Whether or not either spouse sacrificed advancement in his or her career or education to stay at home

• The time needed for the maintenance-seeking spouse to become self-sufficient

• The effect any parental responsibilities will have on the maintenance-seeking spouse related to employment

• Any other factor the judge believes to be relevant

Contact a DuPage County Spousal Maintenance Lawyer

Financial stability is an important component in making you feel safe and secure. If you believe that you may need spousal maintenance during or after your Illinois divorce, you should speak with a skilled Naperville divorce attorney right away. At the Law Office of Ronald L. Hendrix, P.C., we can answer important questions you may have about receiving spousal support and will work to secure the maintenance award that you deserve. To schedule a free consultation, call our office today at 630-355-7776.

Sources:

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

https://www.bankrate.com/personal-finance/smart-money/how-much-does-divorce-cost/