Understanding alimony, also known as spousal support or maintenance, is crucial if you are considering divorce in Illinois. One of the most common questions I hear as a Chicago alimony lawyer is, “How long do you have to be married to get alimony (maintenance)?” Let’s address this question to clarify what you might expect during your divorce proceedings in Illinois.
In Illinois, alimony is known as “maintenance” and the alimony laws are designed to be flexible, with no strict minimum duration of marriage required to qualify. The decision to award alimony is based on a need to provide financial support to a spouse who might not be able to maintain their standard of living post-divorce without it. The court considers several factors to determine whether alimony is appropriate, how much should be awarded, and for how long, ensuring that your unique circumstances are taken into account.
The courts will look at numerous aspects of your marriage and each spouse’s circumstances, including:
Income and property of each spouse – This includes both marital property and any assets held individually as non-marital property.
Current and future earning capacity – This considers career trajectories and the potential for future earnings.
Standard of living during the marriage – The aim here is often to allow both parties to continue a lifestyle similar to that enjoyed during the marriage, as far as it is possible.
Duration of the marriage – While there is no minimum, the length of the marriage influences the duration and amount of alimony, and this is dictated by the law.
Age, health, and occupation of both spouses – These factors can affect an individual’s ability to pay alimony and the recipient’s need for support.
Any agreements between the spouses – Prenuptial or postnuptial agreements can dictate the terms of alimony.
Maintenance is not set in stone. It’s a flexible arrangement that can be modified if circumstances change, such as the recipient obtaining a higher-paying job, remarrying, or the payer experiencing financial difficulties.
If you’re going through a divorce and wondering about maintenance/alimony, remember that each situation is unique. The determination of whether you are eligible to receive alimony, as well as the amount and duration, depends on a variety of factors evaluated during the divorce proceedings.
The first step is an assessment of your financial needs and the ability of your spouse to pay. An experienced attorney can help evaluate your situation.
Yes, alimony can be awarded in shorter marriages, especially if one spouse sacrificed career opportunities for the marriage.
While not guaranteed, alimony is more commonly awarded in long-term marriages if warranted, particularly where one spouse may have been out of the workforce.
You can petition the court to modify the alimony agreement. Changes in income, employment status, or marital status can all be grounds for modification.
An attorney can provide legal representation, ensure your rights are protected, and help negotiate fair terms based on your specific circumstances.
If you have more questions or need personalized advice, call us for your free case review. We’re here to offer you support and guidance tailored to your unique situation.
If you are facing divorce and need guidance on alimony in Illinois, contact Gordon & Perlut, LLC. We understand the complexities of divorce law and are here to help you navigate through your alimony concerns. Contact our Chicago alimony lawyers at Gordon & Perlut, LLC by calling either our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101 to receive your free consultation. Let us help you understand your rights and options during this challenging time.