Family Law Attorney

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Divorce can be a messy affair for a couple but knowing divorce laws can help you streamline your plans for a new beginning.

What Is Alimony?

Alimony or spousal maintenance refers to payments an ex-spouse must make post-divorce as alimony under certain circumstances. According to state law, a spouse has the right to demand temporary alimony when the divorce case is pending as support in maintaining their financial status. However, before a judge can grant one, the court has to determine whether the recipient of the alimony requires financial aid, child support, and examine their income if they are employed.

Once the divorce is finalized, the temporary alimony support can come to an end and a new settlement can be reached. The alimony or spousal support may include rehab maintenance, which has to be maintained for some time and will be reviewed regularly.

This gives the recipient spouse enough time and financial aid to learn the job skills they need for becoming financially independent post-divorce. However, even spouses who are given long-term alimony must try and gain meaningful employment so they can support themselves. In some cases, a spouse may be ordered to provide permanent support to the other if their ex is unable to work. This includes individuals who are too old or sick to work.

Factors That Determine Alimony

According to the Illinois law pertaining to spousal maintenance, the court considers several factors to determine whether or not alimony should be granted. Some of these are:

  • The requirements and income of both spouses;
  • Existing and future earning capabilities;
  • The living standards post-divorce proceeding;
  • The extent to which the spouse’s existing and future earning capabilities will be compromised, necessitating alimony, because of the decisions that were made for the marriage;
  • The impact on the existing and future earning capabilities of the spouse who may be asked to provide alimony;
  • Mutually valid agreements made by both parties;
  • The sources of income for both parties;
  • Taxes that pertain to property division;
  • The age, health status and liabilities of both involved parties;
  • The duration of the marriage.

If you are seeking a divorce in Elgin and wish to know more about spousal maintenance laws, don’t hesitate to call Casement Law Group. Our experienced divorce lawyers can help you through this difficult time and ensure your best interests are protected. Contact us at our office by calling 847-888-9300.