Spousal support, also called alimony, plays a significant role in divorce proceedings. One spouse may provide financial assistance to the other after separation or divorce. In Illinois, courts don’t automatically award spousal support in every case, but when they do, they consider various factors to determine the amount and duration. Understanding these basics can help you prepare if spousal support comes into play during your divorce.
How does Illinois determine spousal support?
Illinois law requires courts to evaluate several factors when deciding whether to award spousal support. Some of the most important considerations include the length of the marriage, the standard of living during the marriage, and each spouse’s financial and non-financial contributions. Courts also assess the recipient spouse’s needs and ability to support themselves and the paying spouse’s ability to make payments.
What types of spousal support are there?
State courts can award three types of spousal support: temporary, rehabilitative, and permanent. Courts grant temporary support during the divorce process. Rehabilitative support helps a spouse become self-sufficient, such as funding education or job training. Permanent support may be awarded in long-term marriages where one spouse cannot support themselves financially.
How is the amount of spousal support calculated?
The state doesn’t have a strict formula for calculating spousal support, but it uses guidelines. Courts look at factors like the income disparity between spouses, the standard of living during the marriage, and each spouse’s financial needs. Sometimes, judges use a formula based on the combined income of both spouses. However, the final decision depends on the details of your case.
What if spousal support needs to be changed?
In some cases, either spouse can request a change in the amount of spousal support after the divorce. A significant change in circumstances, such as a job loss or serious illness, may justify a modification. However, you must go back to court, and the request must meet specific criteria.
Illinois law aims for fairness in spousal support, ensuring both spouses receive equitable treatment based on their needs and abilities.
