In order to determine what, if any, alimony aka spousal maintenance will be awarded in an Illinois divorce, the court will consider various factors.
A judge will start by looking at the income and property of each spouse, including marital and separate property, and will develop a sense of what the couple’s standard of living was during the marriage.
The judge will assess each person’s circumstance, considering factors such as earning capacity, which may or may not have been impacted by raising a family or other domestic duties, and he or she will weigh the contributions or support by a spouse seeking maintenance that forwarded the career or opportunities of the other party.
To determine the duration of the alimony payments, a judge may consider the feasibility of the spouse requesting maintenance to become self-supporting after a period of time given the opportunity to receive training or education. They will also look at the length of the marriage, and the age and health of the parties. If children are involved, this will also be considered if it delays a parent’s ability to become self-supporting in the short term due to caring for the children.
If a valid prenuptial agreement exists, that, and any other factor the court finds relevant to the proceedings will be taken into account also so that a fair alimony award can be determined.
There is a lot to consider when getting a divorce from a financial stand point. Spousal maintenance, child support and the division of property must be carefully considered. A knowledgeable family law attorney can help you to avoid any missteps so that you can reach a fair agreement in order to move forward. Contact the Law Offices of Ronald L. Bell PC for answers to your questions regarding an Illinois divorce.