Will I Get Alimony in a Divorce?

 Posted on November 12, 2024 in Alimony

The end of a marriage represents a dramatic shift. You may have been living together with your spouse for many years and may have become financially reliant on him or her. During the divorce process, you may have questions about how you are going to support yourself and/or your children after the split. An aggressive Illinois family law attorney can guide you through this process and make sure that you are taken care of through spousal support.

There are different factors that affect how much spousal support (alimony) you can receive and for how long. During divorce proceedings, a judge will take into account the following:

Earning Potential

In Illinois, the divorce courts will look at the earning potential of both spouses. If both spouses were working and earning roughly the same income, spousal support is less likely to be awarded. However, in cases where one spouse earned much less than the other (often the case with stay-at-home parents), then you may be entitled to significant spousal support payments. A family law attorney will look at both parents’ stream of income and break it down into clear, understandable language to the court to make a sound argument on your behalf.

Length of the Marriage

Generally, the court favors longer marriages when deciding to award spousal support. In Illinois, the length of spousal support payments scales upward with the number of years the marriage lasted. For marriages lasting five years or less, payments might only last for a quarter or a fifth of the marriage. However, payments could go on indefinitely for marriages lasting 20 years or more. 

Miscellaneous Factors

Illinois adheres to a "no-fault" rule in divorces. This means that neither spouse can be held responsible for the collapse of the marriage, and neither can be punished by the court in allocating assets, deciding custody, or awarding spousal support. A judge will only evaluate the material factors of the spouses’ respective quality of life, and how both of them will adjust to life after the marriage–all in the interest of equitable division. If you feel that you are being unfairly treated in negotiations, a divorce attorney will fight for you, making sure that your best interests are represented inside and outside the courtroom.

However, you should take care not to date during an ongoing divorce, as this can hurt your chances of being awarded alimony in Illinois. If you move in with a new partner, the judge could take that to mean that you are receiving financial support from him or her. This could result in you receiving less spousal support, or denied spousal support outright.

Speak with a Joliet, IL Divorce Attorney Today

If you have concerns about financially adjusting to life after a marriage, a Will County, IL divorce attorney at Law Offices of Tedone and Morton, P.C. can consult with you and speak up for you in negotiations, taking great pains to see your needs addressed. We receive every client on a highly individual basis, treating your case with the personal attention it deserves. To schedule a free consultation, reach out to our office at 815-666-1285.