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How is alimony determined in Illinois?

On Behalf of | Sep 2, 2021 | Alimony/maintenance

Alimony payments in Illinois can seem very complicated or hard to obtain. That’s because the Illinois courts have set forth high standards for awarding alimony and how long it should be paid for.

Even with the discretion of the court, even the state of Illinois knows that alimony payments are sometimes necessary. That’s why several factors go into the decision-making process.

What factors are taken into consideration?

There are many reasons that someone may request alimony payments. Stay-at-home spouses may ask for alimony payments while they get on their feet while individuals who made less income than their partners may ask for a temporary alimony payment while they adjust.

If someone is seeking alimony payments or spousal support, the court of Illinois will look at 13 different factors before determining if it’s actually needed. Some of these factors include:

  • The income and property that each person owns
  • The capacity of each person to earn income
  • The reason why the spouse is asking for alimony payments
  • Age/health/occupation/employability of each party
  • The duration of the marriage
  • The standard of living that was established while the couple was married

Generally, if it’s found that someone can otherwise support him or herself and live comfortably after the divorce, then the alimony payment may not be granted. Likewise, if the other spouse cannot pay alimony and live comfortably, the alimony may not be granted then either.

How long do you have to pay alimony?

The amount, as well as the duration, of alimony is also determined by the Illinois court of law. There’s a strict formula used depending on the marriage’s length and the combined income of both parties.

Ultimately, the goal is that alimony will last until a person can provide for him or herself. A lawyer will be better able to walk you through what that may look like for you.

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