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Who Can Receive Spousal Support in Illinois?

 Posted on June 15, 2022 in Divorce

DuPage County alimony lawyerIf you rely on your spouse for financial support, divorce can be particularly stressful. Especially if you have been out of the workforce for some time or sacrificed a potential career to devote yourself to homemaking, you may be worried about how you will support yourself after getting a divorce. In Illinois, if you were financially dependent on your spouse you may be eligible to receive spousal maintenance payments, commonly called “alimony.” This is in addition to any child support you may also be entitled to receive.

The goal of spousal maintenance is to allow you to get the divorce you need without fear of extreme financial difficulty. If financial concerns are stopping you from pursuing a divorce, our lawyers may be able to help you get the support you need to begin a new life. 

When Will Illinois Courts Order Spousal Maintenance?

There are very few hard-and-fast rules when it comes to a court’s decision to award spousal maintenance. Rather, there are a number of factors the court will consider when deciding whether alimony is appropriate in your case. These factors include: 

  • Earning capacity - If you gave up an educational or career training opportunity for the good of the marriage, or if you have not worked in many years, you are probably not in a position where you could earn the money you need to support yourself and maintain your lifestyle. 
  • Contributions to spousal income - You may have contributed significantly to helping your spouse increase their earning potential. For example, if you helped support your spouse while they earned an advanced degree, then you have made a big contribution to your spouse’s earning potential. 
  • Children - Courts will also factor in which spouse has been allocated more parenting time or a greater share of parental responsibilities. Childcare duties can affect a parent’s earning abilities. 
  • Age, health, and needs - These factors may be extremely important for older spouses who are getting divorced, or if you have disabilities that make it difficult for you to work full time. 
  • Marital lifestyle - The type of lifestyle you enjoyed during your marriage is important. Courts try to prevent one spouse from suffering a significant decline in lifestyle after divorce. 
  • Contractual terms - If your prenuptial or postnuptial agreement addresses the issue of spousal support in the event of divorce, this is likely to come into play. However, the terms of your agreement are not always dispositive, and not every agreement is valid. 

Spousal support can be a difficult issue to address during divorce, as most breadwinning spouses are reluctant to continue supporting their ex. If you will need spousal support, it is very important that you work with a skilled divorce lawyer. 

Contact a DuPage County Divorce Lawyer

Hensley Sendek Law is committed to securing spousal support for those who need it. Our skilled Winfield divorce attorneys will address each factor in order to build your case for alimony. Call 630-358-9029 for a free consultation. 




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