Alimony is called spousal maintenance in Illinois and can be one of the most contentious and emotional aspects of divorce. Payments are decided based on statutory guidelines as well as the judge's discretion. These payments may be indefinite, temporary for the duration of the divorce, or for a specific amount of time to allow the ex-spouse to gain employment. Maintenance may be ordered for men as well as for women; the law does not differ by gender. It's also important to note that maintenance is not a part of every divorce; it does not have to be ordered.
To decide if alimony should be paid, the judge may consider the following factors:
- Combined income while you were married
- Length of marriage in years
- Properties owned
- Each spouse's earning capacity
- Physical limitations
- Mental conditions that would affect employability
- Lifestyle during the marriage
- Each spouse's contributions to childcare and household duties during the marriage
- Agreements made between the ex-spouses during or prior to marriage
- Financial and time requirements for an ex-spouse to become employed
As experienced divorce lawyers, we will help you negotiate alimony. Typically it is in the interest of both parties to agree to spousal maintenance terms as part of their negotiated settlement agreement. If consensus cannot be reached, then the judge will determine support. Rely on our attorneys to fight for what is in your best interest every step of the way. Feel free to contact us at (847) 599-9101 to see if we can assist you.