How Can I Show That I Should Receive Spousal Support in My Divorce?

 Posted on December 09, 2021 in Divorce

If you are planning to get a divorce, your ability to support yourself financially will likely be one of your primary concerns, especially if you earn a lower income than your spouse or are a stay-at-home parent. As you make plans to address your living situation and determine how you will cover your ongoing expenses, you will want to determine whether you will be able to receive financial support from your spouse. Spousal maintenance, which is also known as spousal support or alimony, may be available, but to receive this form of support, you will usually need to demonstrate that it is needed.

Factors Considered When Addressing Spousal Maintenance

When addressing issues related to spousal maintenance, it is important to understand the purpose of this form of support. When a couple gets divorced, they should be able to continue living at the standard they enjoyed while they were married. Spousal support may address a disparity between spouses’ incomes and ensure that a lower-earning spouse can maintain their standard of living. Maintenance is based solely on spouses’ economic circumstances and needs rather than the reasons they are getting divorced. In fact, Illinois law states that “marital misconduct” will not affect the decisions about whether to award spousal support, so maintenance cannot be used as a penalty for infidelity or other actions or behavior by a spouse.

You and your spouse may be able to reach an agreement about spousal support in your divorce settlement. However, if your spouse does not agree that they should pay support, you may need to request that maintenance be awarded by the judge in your case. When deciding whether spousal support is appropriate, the judge may look at issues such as:

• The amount of income that you and your spouse currently earn. If you are not currently working or are working part-time, the judge may consider your experience and qualifications to determine the amount of income you should realistically be able to earn if you were to seek full-time employment.

• Other financial resources available to you and your spouse, including the marital assets you will receive following your divorce and the property you own separately.

• The ongoing needs of both you and your spouse, including your household expenses, rent or mortgage payments, utilities, and transportation costs.

• How decisions about the allocation of parental responsibilities and parenting time will affect your ability to find or maintain employment. If you are currently a stay-at-home parent, and you will have primary custody of your children, the judge may look at whether you will need to receive support in order to maintain these arrangements.

• Whether your career prospects have been affected by your choice to focus on family responsibilities and household duties. If you are a stay-at-home parent who has not worked outside the home for multiple years, this will likely affect your ability to earn sufficient income once you choose to return to work.

• The amount of time and expense required for you to be able to return to work and earn enough income to support yourself. If you will be pursuing an education or other forms of job training, you may need support to cover your ongoing needs during this time.

• Whether you made contributions to further your spouse’s career and help them increase the income they are able to earn. If you helped your spouse pay for a college education or attended to household duties so that they could focus on their career, spousal support may address these contributions.

• Any agreements you and your spouse have made regarding spousal maintenance. If you created a prenuptial agreement that stated whether spousal support will be paid, the terms of this agreement will usually be followed during your divorce.

• Any other relevant factors. The judge may also look at any other issues that apply in your situation when determining whether awarding spousal support will be “just and equitable.”

Contact Our Hillside Spousal Support Attorney

At the Law Office of Vincent C. Machroli, P.C., we can help you determine whether you are eligible to receive spousal maintenance. We will advocate on your behalf during your divorce to ensure that all relevant factors are considered when deciding whether maintenance should be awarded. Contact our Oak Park spousal maintenance lawyer today at 708-449-7404 to schedule your free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm