Spousal Support and Spousal Maintenance in Divorce
Fault in divorce is a tricky subject. It's a matter of what you can prove to the courts, not what you know in your heart to be true. In a fault-based divorce, you might get a larger share in the distribution of assets or more spousal alimony, but proving fault in court can be difficult.—Attorney Barbara Morton
In any Illinois divorce in which one party is seeking spousal support (also known as alimony), the courts will look at a variety of factors to determine if support is warranted and, if so, in what amount. These factors include:
- Length of marriage (short-term or long-term)
- Age of person seeking support
- Education level of the person seeking support
- The person's ability to support him- or herself
Illinois courts consider anything under 10 years to be a short-term marriage. While it is still possible to obtain alimony in these cases, it is a more difficult case to win. You are much more likely to see short-term rehabilitative support in these cases, which is designed to give the party receiving support a little time to get back on his or her feet.
On the other hand, in a long-term marriage in which the party seeking alimony has little ability to support him- or herself due to age, illness, disability or lack of education, it is more likely that lifetime support will be ordered.
Like any issue of financial support in divorce, the courts will weigh the need for support against the other party's ability to pay. The courts are interested in doing what is fair and workable, not in punishing one party or rewarding the other.
Contact Us Today for a Free Consultation
At the Law Office of Barbara Morton in Plainfield, you will find a respected divorce and family law attorney with more than 10 years of experience in the negotiation, mediation and litigation of complex issues of support.
If you need to talk to a lawyer who will give you honest answers and straightforward advice regarding alimony, contact us today. We serve clients in Joliet and Plainfield, throughout Will County, Grundy County, Kendall County and beyond.
