Can You Get Alimony If You Get Divorced in Chicago?

 Posted on January 21, 2022 in Divorce

There is no getting around the fact that a divorce will likely have a significant impact on the spouses’ finances. For some divorcing spouses, divorce represents the loss of their only source of income or financial support. Fortunately, divorcing spouses in Illinois may qualify for alimony, or as it is called in Illinois law, spousal maintenance. Read on to learn about Illinois spousal maintenance laws and what you should do if you want to request spousal maintenance during your divorce.

Avenues for Collecting Spousal Support

Spousal maintenance or spousal support can provide much-needed financial aid to divorced spouses. However, spousal maintenance is not a guarantee. There are three main avenues through which spouses can get spousal maintenance in an Illinois divorce:

1. Prenuptial agreement or postnuptial agreement – If the spouses had made spousal maintenance arrangements in a prenup or other marital contract, those arrangements will most likely be upheld during the divorce. The main exception to this is if the prenuptial agreement or other agreement is invalid. For example, a prenuptial agreement may be invalid and unenforceable if a spouse entered into the agreement through fraud, coercion, or force.
2. A settlement or agreement during the divorce proceedings – Spouses have the right to determine their own arrangement regarding spousal maintenance. They may be able to reach an agreement through mediation or negotiations led by their respective attorneys.
3. A petition for spousal maintenance – You can petition or request spousal maintenance during your divorce. However, you will need to demonstrate solid reasons for your request. Illinois courts consider the spouses’ financial circumstances, health, and employability, the length of the marriage and standard of living during the marriage, and other factors when deciding whether to award spousal maintenance.

How Much Are Spousal Maintenance Payments and How Long Do They Last?

Often, spousal maintenance is intended to be rehabilitative. The financial support gives the recipient time to get back on his or her feet after a divorce. Permanent spousal maintenance is rare, but it may be available if the marriage lasted 20 years or longer. The duration of maintenance payments is usually based on the duration of the marriage. The dollar amount of spousal maintenance payments is usually determined by a formula that uses both spouses’ net incomes.

Contact an Arlington Height Spousal Support Attorney

Spousal maintenance can provide divorcing spouses with financial support after a divorce. To learn more about pursuing spousal support during your divorce, contact the Cook County divorce lawyers at The Law Office of George J. Skuros. Call 312-884-1222 for a free, confidential consultation.

Source:

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