Alimony can be a contentious issue in Illinois divorces, particularly if spouses are on poor terms. For this reason, Illinois law includes specific guidelines and formulas for determining whether a spouse should receive alimony and, if so, how much.

What Illinois Law Says About Alimony Awards

Illinois law requires courts to examine specific factors when making decisions regarding alimony (also called spousal support or maintenance). These factors include:

  • Income and Property of Each Spouse – Courts examine both spouses’ marital and non-marital property, including financial obligations resulting from the divorce or prior marriages. A spouse with fewer assets is generally more likely to receive alimony.
  • Needs of Each Party – The court assesses the financial needs of both spouses to determine whether one requires additional support to maintain stability.
  • Earning Capacity – Present and future earning potential are key factors in alimony decisions. Typically, a spouse with diminished earning ability due to marital sacrifices is more likely to receive spousal support payments.
  • Impairment of Earning Capacity – If one spouse delayed their education, training, or career opportunities due to marital responsibilities, the court considers this when deciding whether to award maintenance.
  • Time Needed for Education or Training – The court evaluates the time required for the requesting spouse to gain employment or improve earning potential. If a spouse needs a long time to find a job or increase their earning potential, they are usually more likely to receive alimony.
  • Parental Responsibilities – Responsibilities like childcare that limit employment opportunities are key in determining maintenance. A spouse with primary custody of any children from the marriage usually has a higher chance of receiving maintenance payments.
  • Standard of Living During Marriage – Maintenance aims to help the receiving spouse maintain the lifestyle enjoyed during the marriage. So, if one spouse earns significantly more than the other, they may have to pay maintenance to help the other spouse maintain their pre-divorce standard of living.
  • Duration of Marriage – Longer marriages generally (though not always) result in higher or longer-lasting maintenance awards.
  • Age and Health – Courts consider age, health, and ability to work when deciding maintenance amounts. An older spouse or one with severe health concerns is typically more likely to receive spousal support.
  • Tax Consequences – The tax impact of maintenance payments is a key factor in alimony decisions to help ensure fairness.
  • Agreements Between the Parties – Any valid prenuptial or postnuptial agreements regarding maintenance will be honored. However, there are strict rules for prenuptial and postnuptial agreements, and any violations will likely result in the court terminating the agreement.
  • Other Relevant Factors – Finally, the court may consider any additional circumstances it finds just and equitable when deciding on alimony.

How Our Chicagoland Alimony Lawyers Can Protect Your Rights and Interests

The Illinois alimony lawyers at VOMO-Vogel & Mourelatos can help you make a persuasive case to the court as it considers potential alimony payments. Whether you’re requesting alimony or being asked to pay it, we can thoroughly inventory your assets and debts to make sure the court has all the necessary information to make a fair decision. We can also gather evidence to support your position and demonstrate either your need for spousal support or why your spouse should not receive support. We’ll also explain key legal procedures and represent you in mediation or litigation. Call now or complete our contact form for a consultation.