Will I Pay or Receive Alimony in My Divorce?

 Posted on August 02, 2022 in Illinois Divorce

When dealing with a divorce, spouses tend to worry about how financial responsibilities will be taken care of when the marriage is dissolved. Alimony, also known as spousal support or maintenance, refers to a series of payments made from one spouse to another following a divorce. Many couples going through a divorce wonder how to obtain spousal support or how the court will decide which partner is responsible for paying spousal support. If spousal support is found to be appropriate, the court will decide who pays spousal support by determining the supporting and dependent spouses.

Supporting vs. Dependent Spouses

When deciding which spouse will pay spousal support after the divorce is finalized, it is critical to analyze the financial health of both spouses. By looking at each spouse’s financial statements, a divorce attorney can help identify which spouse will be supporting the other. Below are the general characteristics of a supporting and dependent spouse.

A supporting spouse is a partner in a relationship that has the most substantial financial health and assets. Usually, this partner’s income takes care of the majority of the bills during a marriage. The supporting spouse often makes more money at their job, owns the most valuable financial assets, or is the primary family provider.

A dependent spouse is a partner who relies on their counterpart financially during a marriage. Many times, the dependent spouse is a stay-at-home parent or partner, or this spouse might work but earn much less than his or her partner. During a divorce, a dependent spouse may be forced to rely on the supporting spouse to stay afloat financially.

Stay-At-Home Parents and Homemakers

The partner in a relationship that is not the primary wage-earner of a family can feel lost or unsupported during a divorce. Parents who have traditionally stayed home may not be able to dedicate enough time to working a job and still maintain the necessary child and home care. During a divorce, the stay-at-home parent usually will be the spouse receiving spousal support, while the other parent pays spousal and child support to help ensure financial security.

How to Obtain Spousal Support

When creating a divorce decree during the divorce process in Illinois, partners, or the court, will agree upon a figure for spousal support payments. In Illinois, the state focuses on an equitable division of marital property. Once the value of the assets that a dependent spouse will receive in a divorce is determined, spousal support will be calculated using a statutory formula to help offset any financial hardships that could remain. The amount of alimony payments made to a dependent spouse plus that spouse’s own income cannot exceed 40% of the total combined earned income from both partners involved.

Speak to a Skilled Kane County Divorce Lawyer

Our experienced Kane County divorce lawyers are available to help if you have questions regarding spousal support in Illinois. At Weiler & Associates, Inc., our attorneys have experience working with clients with various divorce and family legal issues. For more information, please get in touch with our office today by calling 630-331-9110.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000