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What are the rules about spousal support?

On Behalf of | Jul 7, 2021 | Alimony/maintenance

Did you know that Illinois recognizes the dissolution of marriages and civil unions as opportunities for awarding spousal support? Moreover, it’s a common misconception that only a husband pays for this. Following is important information regarding spousal maintenance you need to know.

Marital misconduct doesn’t factor into the court’s decision

The law doesn’t consider whose fault it is that the marriage or civil union headed for dissolution. Moreover, the court reserves the right to decide on the duration of the spousal maintenance and its amounts.

Factors the court takes into consideration

During the dissolution of marriage or a civil union, both parties provide financial disclosures. It helps the court understand the property division and income opportunities for each party.

With this information, the court will determine how to respond to a request for spousal maintenance. Examples of considerations include:

• The earning potential of each party

• Anything that may hinder the earning potential

• Whether domestic duties prevented either party from receiving an education or employment training

• The length of the marriage

• The standard of living the couple enjoyed

• The ages of the spouses

Do you need maintenance? Do you want to avoid paying it?

There are complex calculations that the court uses to determine a fair amount. Generally, the court bars the party receiving spousal support from gaining more than 40% of the couple’s combined net income. That said, even 39% can be a sizable sum. Besides that, consider that the court has the option to rule for fixed-term and indefinite support.

If you are currently in the process of filing for divorce, it may be in your best interest to discuss your situation with an attorney.