When going through a divorce in Illinois, the court will divide your marital assets fairly depending on the circumstances of your marriage. On top of that, they could also award you or ask you to pay alimony. If they do, some factors that might affect the amount requested are as follows.
Your ability to support yourself after your divorce
The purpose of spousal support in Illinois is to help the supported spouse become financially independent after their divorce. The court will consider both parties’ incomes, earning capacities, and financial needs when deciding how much spousal maintenance should be paid. So if you don’t have a job, business, or other sources of income after your divorce, the court is more likely to award you spousal support. On the other hand, if you have a job and can support yourself, the court may not see the need to grant you spousal maintenance.
The length of your marriage
It’s more likely that the court will award you spousal support if you were married for several years. This is because it’ll take longer for someone who’s been married for 20 years to become financially independent than someone who was only married for two years.
The standard of living you had during your marriage
If you were used to a certain lifestyle during your marriage and wouldn’t be able to maintain that same standard of living after your divorce, the court may award you spousal support. This is because the whole point of spousal support is to help the supported spouse transition easily into the single life after years of marriage.
The existence of marital misconduct
In Illinois, marital misconduct is grounds for divorce. So if your spouse cheated on you or was abusive, the court may consider that when deciding on spousal support.
You should remember that spousal support is not mandatory in all cases, and the court does have discretion when making a decision. So even if you think you’re entitled to spousal support, there’s no guarantee that the court will order it in your case.