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What Will a Judge Consider Before Awarding Spousal Support?
Spousal support, also called maintenance or alimony, is a legal method for spouses to obtain financial relief after a divorce. It is paid by the higher-earning spouse to the lower-earning spouse, usually for a period of time proportionate to the length of the marriage. However, not every divorce comes with an order of spousal support. It is ultimately up to the judge to decide whether or not alimony should be paid out, based on several factors.
If you are looking for a shrewd Illinois divorce attorney to help with alimony negotiations, consider working with Shaw Sanders, P.C.. No matter where you stand in a dispute over spousal support, we will provide you with legal advice and representation to protect your financial future.
What Was the Standard of Living During the Marriage?
When spouses pool their resources together, they can live above their individual means. Of course, this also means that getting divorced often requires an adjustment. If your divorce would cause a drastic shift in your living situation, you might receive greater consideration for alimony.
This is only one factor out of many that the courts may consider. When looking at your standard of living post-divorce, the courts will consider whether or not you have the resources to live reasonably comfortably. At Shaw Sanders, P.C., we can make a case for your need for alimony or another appropriate remedy.
How Long Will It Take for the Dependent Spouse to Become Self-Supporting?
Spousal support is intended to help a spouse get back on his or her feet after a divorce. Except in rare circumstances, the court usually assumes that the spouse receiving support will take measures to become self-supporting and independent.
When deciding whether or not to award alimony, the court can factor in the time it will take for the dependent spouse to get the necessary "education, training, and employment" to earn a suitable living. This could mean getting a college degree, attending a trade school, or seeking other vocational training. Our divorce lawyers can help you figure out a timeline so that we can effectively advocate for you.
Other Factors Affecting Alimony in Illinois
Your eligibility for alimony could be affected by other decisions in your divorce. For instance, if you already received a large portion of marital property in your divorce, a judge could consider that when deciding whether support is necessary.
Child custody can also play a role in an alimony award. If your parental responsibilities would hold you back from seeking employment, the court may factor that into your financial needs.
Contact a St. Charles, IL Alimony Attorney Today
Every married couple has different financial circumstances. At Shaw Sanders, P.C., our Kane County, IL divorce lawyers can stand up for you in court as we argue for a settlement that protects your best interests. We have extensive experience negotiating for clients in contested and uncontested divorces. To schedule a free initial consultation with our firm today, call our offices at 630-584-5550.
630-584-5550