Before a divorce process is started in Illinois Alimony law, it is imperative to understand the fundamentals of alimony. The following are answers to widespread questions concerning this topic:
What party is entitled to receiving Illinois Alimony law?
Alimony which is also called spousal maintenance or support can be given to any individual party to a previous marriage.
The courts in Illinois do not factor in who was at fault for the dissolution of the marriage, or any form of marital misconduct when it comes to setting how much alimony the receiving party is entitled to. Rather, the courts consider other variables such as:
The property (marital property owned jointly by both spouses, and non-marital property) and income of both parties.
- Each spouse’s financial needs
- the current and prospective earning capability of both spouses individually
- the present and future earning capacity of each spouse
- the income capacity or lack thereof of the receiving party after having taken time off for domestic duties, or deferring training, education, career or employment opportunities as a result of marriage
- The time period it will take for the party requesting alimony to get an education, employment or sufficient training to become self-sufficient. If the party requesting cares for children, the judge can deem it unsuitable for that party to work.
- The living standards established for the duration of the marriage
- How long the marriage lasted
- The emotional and physical condition of the two parties, as well as their age.
- The tax responsibilities of each spouse in regards to their properties
- How much significance the alimony requesting spouse had in contributing to the other party’s training, education or career
- Any binding agreements between both parties.
Should the two parties become able to support their selves, the court might not give alimony, even if an individual earns more than another.
Courts are able to handle any significant differences in income by equitably distributing marital property such as bank accounts, tangible assets, and mutual funds, to the spouse that has a lower income.
Can a spouse get temporary/provisional alimony while divorce proceedings are ongoing?
Yes. The state of Illinois enables the court to grant provisional alimony while the divorce proceedings continue. When the divorce is still being heard by the court, it is up to both spouses to come together and agree an amount to be paid as provisional alimony.
If an amount cannot be agreed upon, the judge is enabled by the legal system to order a spouse to pay provisional alimony. The temporary alimony typically terminates once the divorce’s final judgment has been delivered.
What is the duration of Illinois Alimony law?
There are varying forms of alimony, all with their different validity periods. Short term alimony serves as a rehabilitative form of alimony as it allows the receiving party to afford living expenses for the duration it takes for them to achieve the necessary skills to support themselves.
Longer-term alimony is typically set for a determined period of time, only to get reviewed by the court so as to determine if its validity should be extended, the amount reduced, increased or even fully terminated.
A spouse who is a beneficiary of long-term alimony is expected to take steps in becoming employed and able to support their selves. This takes into account the skills, life experience, and age of said spouse.
The reason for this is because alimony payments are generally terminated after a certain point in time, instead of having an indefinite validity period.
Nevertheless, if the spouse shows a permanent incapability to fully be able to support themselves, the court could give an order for alimony to continue.
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