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What Illinois courts consider when awarding spousal maintenance

On Behalf of | Apr 4, 2019 | family law

Divorcing your spouse in Illinois leads to inevitable change, and while you might welcome some of those changes, you may have concerns about how you are going to support yourself, post-divorce, if you have not been a part of the workforce for some time. If this describes your situation, you may be thinking about pursuing spousal maintenance as a method of getting by and maintaining your standard of living. At the Law Office of Kerley & Associates, we understand the types of factors courts consider when awarding spousal maintenance, and we have helped many clients navigate this and numerous other divorce-related issues.

According to the Illinois General Assembly, some of the things you can expect a court to consider before making decisions about spousal maintenance include the current income and the realistic future earning potential of each party. The courts will also review the current standard of living both parties enjoy, and they will also typically take into account whether one party put his or her own career on hold for the sake of the other party, or for the family unit in its entirety.

Illinois courts will also generally consider how long it might take for the party pursuing spousal maintenance to get his or herself in a position for gainful employment. In some cases, such as in situations where the party seeking support is nearing retirement age, courts may be more willing to issue spousal maintenance awards than in others.

You can also expect that the court system will consider the length of the marriage before making determinations about alimony. Generally speaking, those with longer marriages have a better shot at securing spousal maintenance, but there are numerous other variables that also come into play. Find more about family law on our webpage.