Predicting Alimony in an Illinois Divorce

 Posted on December 13, 2024 in Spousal Maintenance

When the subject of divorce comes up, many people get uneasy at the thought of paying spousal maintenance, or alimony. However, alimony is not automatically granted in every divorce case. The courts will make a full appraisal of both spouses’ financial circumstances before a final decision is made on awarding temporary or indefinite maintenance.

A skilled lawyer can keep you informed of your rights regarding spousal maintenance and argue for a resolution that is fair to you in court. The Illinois family law attorneys at Pesce Law Group, P.C. have experience litigating complex financial issues of a divorce, including negotiations for alimony.

There is no single predictor for spousal maintenance in Illinois. Instead, a judge will take several factors into consideration, allowing for flexible rulings on a case-by-case basis. If you are unsure as to whether you will be paying or receiving spousal maintenance, our attorneys can meet with you individually to assess your situation.

Length of the Marriage

When considering whether to award spousal maintenance, a judge will factor in the length of the marriage prior to the divorce. Longer marriages — typically ones that lasted at least five years — are more likely to come with an order of spousal maintenance to the lesser-earning spouse. For marriages lasting 20 years or more, a judge may choose to award indefinite maintenance payments.

Income

The income of both spouses is one of the most significant considerations for spousal maintenance. If one spouse earns drastically more than the other, a judge is more likely to award alimony payments to the lesser-earning spouse. This is common in marriages with a stay-at-home parent and a "breadwinner" who brings home a majority of the couple’s income. Ideally, an order of spousal maintenance will put the non-breadwinner in a position to become financially independent at a similar standard of living he or she enjoyed during the marriage.

Earning Potential

Similar to income, divorce courts will also take both spouses’ future earning potential into account. Factors like education, age, and physical or mental health conditions can all impact a spouse’s earning potential. A judge must decide if the dependent spouse can become self-supporting, and if so, whether the dependent spouse will require additional financial resources to make a stable living. Someone who is close to retirement age is much more likely to be awarded alimony than an able-bodied, working adult.

Pre-Existing Agreements

A legally binding document such as a prenuptial or postnuptial agreement can outline the terms for spousal maintenance. However, a judge must still approve the divorce decree, even with a prenup or postnup. In most cases, a judge will only deny a prenuptial or postnuptial agreement if the terms would result in circumstances that are clearly lopsided or unfair to one party.

Meet With a DuPage County, IL Alimony Lawyer Today

If you have reason to stress about alimony payments in a pending divorce, the Naperville, IL divorce attorneys at Pesce Law Group, P.C. can help relieve your burden with sound legal counsel and aggressive representation in court. With a wealth of legal experience behind us, we are prepared to assist with any complex financial concerns plaguing your divorce. To schedule a free consultation, call our offices at 630-352-2240 today.