Couples choosing to divorce may feel anxious and experience many emotions. Yet these feelings usually heighten when one spouse worries that he or she will not have the funds to maintain the same standard of living when the divorce is finalized. Perhaps you did not receive a degree or training, and you are concerned that you will not have the opportunity to find a high-paying position immediately.
Just like child support offers monetary benefits to children affected by divorce, spousal support, or maintenance, exists in Illinois to allow one spouse to continue to benefit from a former spouse’s income. Illinois divorces work to ensure that no spouse proves detrimentally affected by the division of assets. Should you find yourself heading toward divorce and feel as though you may need spousal support, it is essential that you speak with an experienced attorney, so that you have accurate representation in obtaining your required support.
Determining a need for spousal support
Before granting spousal support and determining an amount, Illinois court must first decide whether you require maintenance. The process of recognizing a need for support involves looking at the facts of your marriage, as well as income levels. Some elements that a court will use to determine support include:
- Your and your spouse’s income
- Marital and non-marital property
- Your and your spouse’s needs
- Your earning capacities
- Whether you took care of the home while your spouse earned money
- The time it will take for you to receive education or find a job
- The standard of living for you and your spouse
- The length of the marriage
After the court establishes the need for spousal support, a judge will determine a quantity to award you. This involves using income levels, the length of your marriage in years, as well as an equation to calculate an exact payment.
The court will then decide how long you will receive the support and whether you have the ability to find work or obtain education to work.
Know that if you and your spouse face divorce, you have the opportunity to receive monetary support from your spouse if you meet certain requirements. Illinois judges do not want you left with insignificant assets.
