Illinois Spousal Support Basics

 Posted on October 13, 2013 in Spousal Maintenance

In the event that you and your spouse get a divorce, there are still ways for you to financially support one another if need be. This can be done through spousal support, also called spousal maintenance or alimony. All of these terms, which can be used interchangeably, refer to “payments or transfers of money or assets from one spouse to another after a divorce.” Illinois spousal support laws were created in order to make sure a divorced spouse does not suffer from a decrease in their standard of living because of the divorce. It is not uncommon for only one spouse to be working actively and financially supporting both parties. In the event of a divorce, it would be very difficult for the unemployed spouse to quickly find a job capable of supporting their normal lifestyle. Spousal support seeks to make sure that the divorced spouse can ease their way back into a suitable standard of living without any detrimental lifestyle changes. Contrary to what many people may think, the husband is not automatically the one who must pay spousal support. Many former wives also pay spousal support, and it is unconstitutional for any state to hold that only a husband can pay and only a woman can receive spousal support. In Illinois, the courts do not consider marital misconduct when settling the amount of alimony. They refer to other factors which include, but are not limited to, the following:

• The financial needs of each spouse
• Both spouses’ income and property, including marital property, awarded to both spouses and any non-marital property awarded to the spouse requesting alimony
• The present and future earning capacity of each spouse
• The standard of living established during the marriage
• The length of the marriage

If you and your spouse are getting a divorce in Illinois and you feel that one of you may need to request spousal support, do not hesitate to contact an Illinois family law attorney to assist you with the process.