Divorce can bring about complicated financial questions. One issue for divorcing individuals is alimony. Alimony, now called Maintenance, or spousal support is to help a spouse who is financially dependent on the other spouse maintain their lifestyle needs, or to transition into being financially self-supporting after a divorce. In some situations, spousal maintenance is permanent. If you earn a higher income than your spouse or your spouse does not work outside the home, it is possible that you will be required to pay maintenance, if you did not take care of that in a pre-nup.
When is Spousal Maintenance Awarded in Illinois?
If you and your spouse signed a prenuptial agreement that alleviates you from having to pay maintenance following divorce, the court will most likely uphold this agreement. However, if there was no pre-nup, or if it was invalidated (maybe from using a form or not knowing the requirements to do it right), the maintenance agreement may not be legally binding. If you have not agreed to pay maintenance, or get out of paying it, through a prenuptial agreement or postnuptial agreement, the court will decide maintenance. While courts have discretion, there typically follow guidelines, and are very reluctant to do otherwise. If your spouse files a petition for spousal maintenance, the court will calculate guideline maintenance, and then might consider a range of factors to determine if maintenance is appropriate. The court will look at:
- The income, assets, expenses, employability, and future earning capacity of both spouses
- Each spouse’s financial needs
- The duration of the marriage and the standard of living established during the marriage
- Any damage to the future earning capacity of the spouse seeking alimony caused by domestic or childcare duties
- Contributions that a spouse made to the progression of the other spouse’s career or education
- Whether the spouse requesting alimony can become self-supporting
- The spouses’ age and health
Fighting a Request for Alimony
You are not required to pay alimony (maintenance) simply because you earn a higher income than your spouse. However, it is possible that your spouse will present a good argument for receiving maintenance to the court. Some spouses even exaggerate or outright lie when making a spousal maintenance request. If you suspect that your spouse will petition the court for spousal maintenance during your divorce, it is crucial that you work with an attorney who is familiar with Illinois spousal maintenance laws.
No matter what is agreed or ordered, drafting the maintenance provisions are crucial. Your attorney will also explain modification and termination of maintenance. A top family law lawyer will help ensure that your rights are protected and you are not forced to pay an unjustified amount of alimony (maintenance).