If you are headed into a divorce and are worried about your finances, you should speak with Chicago divorce lawyer Michael C. Craven about seeking alimony. Spousal maintenance is not automatic in all divorces, but it is common in situations where there is a significant income disparity or one spouse delayed his or her education or career for the marriage. Historically, wives who spent years as primary caregivers and were later unable to earn similar amounts to their husbands received spousal support. However, current Illinois law regarding alimony is gender neutral. Illinois courts look at specific factors in the Illinois Marriage and Dissolution of Marriage Act (“Act”) to determine if spousal maintenance is appropriate. If you have questions about alimony or other aspects of your divorce, you should contact an experienced Chicago family lawyer.
Determining if Spousal Support Fits the Situation
Illinois law was amended in 2015 to provide a clear formula for how maintenance is calculated for couples with combined incomes less than $250,000. However, before judges determine the amount and duration of maintenance, they must decide if it is needed and appropriate. The Act outlines thirteen specific factors for judges to review and empowers them to consider any other factors that are just and equitable.
These factors include:
- The needs of each spouse
- The age, health, occupation, sources of income, and skills of each spouse
- The income and property of each spouse, including divided marital property
- The realistic earning capacity of each spouse
- All sources of income for each spouse, including disability or retirement benefits
- Any impairment in earning capacity for the spouse seeking maintenance due to the spouse taking care of domestic duties and delaying his or her education or career development for the marriage
- The time it would take the party asking for maintenance to support him or herself
- Any impairment in the earning capacity of the spouse who is asked to pay maintenance
- Any contributions or services by the spouse asking for maintenance to the education, training, or career of the other spouse
- The duration of the marriage
- The standard of living the spouses became accustomed to during the marriage
- Any valid agreements between the spouses, including pre- or post-nuptial agreements
The Likelihood of Receiving Spousal Maintenance
Though the law outlines many issues for a judge to review, it does not provide specific instances or examples in which alimony is appropriate. You should speak with an experienced lawyer to determine your chances of receiving support, but there are situations in which spousal maintenance is more likely than others, including:
- You have been married a considerable length of time
- You need a higher income than you are able to generate yourself
- You work or can gain employment but make substantially less than your spouse
- You did not attend or finish higher education because you devoted yourself to the home and children
- You did not attend or finish higher education because you and your spouse agreed you would go back to school at a later date
- You worked to support your spouse through school and developing a successful career and now you have a lesser earning capacity
A Chicago Spousal Maintenance Lawyer Can Advise You on Your Options
Spousal support can be a contentious issue in a divorce. That should not stop you from asking for maintenance if it is necessary for you to maintain your standard of living or get your feet back underneath you. I am happy to sit down with you and discuss how maintenance is determined under the law and whether you are likely to succeed in making a claim for support. Contact me today at (312) 621-5234 or use my online form to schedule an appointment.
