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What determines if you get spousal maintenance in Illinois?

On Behalf of | Jun 27, 2022 | Divorce

When your Illinois marriage comes to an end, you may have reason to seek spousal maintenance, or alimony, to help you adjust to your new lifestyle and get by financially without your spouse. When deciding whether to award you spousal maintenance in your split, the state refers to and considers a specific set of factors.

Per the Illinois General Assembly, the following are some of the variables that help determine if you receive spousal maintenance in your Illinois divorce.

The needs of each of you

A primary consideration in whether you get spousal maintenance in your divorce is whether the state’s family court system believes you have a genuine need for it. Many different factors help determine if you have a genuine need for maintenance, among them your age and degree of employability.

Each of your earning capacities

Your earning capacity is another factor that helps the state determine if you have a genuine need for maintenance. If you have a high level of education and are, by all accounts, able to make your own living, a maintenance award may be less likely than if you are nearing retirement and have not worked in a professional setting in decades.

The duration of your marriage

Having a long marriage does not automatically make you eligible for spousal maintenance. However, it often helps your cause. This may be because, in longer marriages, there is a better chance that you made professional sacrifices for the sake of your spouse, your children or both.

Many other factors also help determine if you get spousal maintenance, including the standard of living you maintained during the marriage and your planned custody arrangement.