Divorce can be a blessing in disguise for abused spouses. With a court ordered alimony, they can have a fresh start in life without worrying about finances. Also known as spousal maintenance, the amount they receive depends on their needs and the ability of their ex-spouse to pay for them. Here are some frequently asked questions about this process that you should know if you live in Illinois.
Can Husbands Get Alimony?
Yes, they can. The Illinois maintenance status is gender neutral. While wives are usually the main recipients, a growing number of husbands in Illinois are being awarded alimony in cases where income disparity is sufficient to merit it.
How Does the Court Determine Alimony?
Before the details of the spousal maintenance are discussed, the court must determine whether it is appropriate, according to the details of the case. If maintenance is deemed inappropriate, the court can prevent the party seeking maintenance from acquiring it, no matter how long the marriage lasted. Maintenance can be adjusted if there is a substantial change in circumstances for either of the ex spouses. If that is the case, the amount can be increased, decreased and even terminated (if either of them starts living with a partner on a conjugal basis.
If awarding alimony is deemed appropriate, the duration and amount of the award can be determined. Most of the time, family courts use specific statutory guidelines to determine these two factors. If the court deviates from those, it has to provide a valid reason for doing so or the combined yearly income of the involved parties must amount to $500,000.
What Happens if a Spouse Waives Maintenance During Divorce Proceedings?
If, for any reason, a spouse agrees to waive maintenance, the decision cannot be rescinded. In other words, he/she cannot return to court ask for alimony later if they waived it during the divorce proceedings.
A divorce can be a challenging and extremely emotionally charged event, especially if you have done everything in your power to try and make your marriage work. Besides the emotional roller coaster, the legal requirements you must meet before the marriage can be legally dissolved can make anyone’s head spin. This is where the attorneys at the Casement Group, P.C. can help. Our law firm is based in Elgin, Illinois, and has dealt with a variety of legal matters pertaining to family law. We understand every divorce case is unique and will take steps to ensure your best interests are protected.