Ekker Law, P.C. / Steven B. Ekker, Esq.

What Do I Need to Know About Spousal Support in Illinois?

 Posted on July 07, 2023 in Divorce

Sugar Grove Family Law AttorneySpousal support, also known as alimony or maintenance, is a significant part of divorce proceedings that involves one spouse providing financial assistance to the other. Understanding the key factors and considerations surrounding spousal support in Illinois is important for both parties involved. Today, we will provide an overview of spousal support law in Illinois and shed light on what is most important to know. Remember, for questions and concerns about your divorce, your divorce lawyer will be a tremendous resource as you navigate this turbulent period

Eligibility for Spousal Support 

In Illinois, either spouse may be eligible for spousal support, primarily based on the individual's income and earning capacity. Other factors include how long the couple was married, the standard of living the couple enjoyed during the marriage, the age and health of each person in the relationship, the future earning potential of each spouse, and more. A common misconception exists that spousal support is always rewarded in divorce cases. This is not true. Spousal support may or may not be a relevant aspect of your case. Your attorney will help you understand whether spousal support is something pertinent to your case

Duration of Spousal Support

The duration of spousal support in Illinois depends largely on the length of the marriage. Generally, the longer the marriage, the longer the support period. In short-term marriages, the duration may equal the length of the marriage. In long-term marriages, where the marriage lasts 20 years or more, the duration of spousal support will likely be elongated. In cases where the receiving spouse has a permanent disability that restricts or prohibits them from working, the spousal support they receive may be indefinite

Can Spousal Support Orders Be Terminated or Modified?

Yes, spousal support orders in Illinois may be subject to modification or termination under certain circumstances. In many instances, spousal support orders will be modified if there has been a dramatic change in either spouse's income. Furthermore, spousal support will likely be terminated if the receiving spouse remarries.  

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm#:~:text=For%20a%20marriage%20of%2020,or%20for%20an%20indefinite%20term

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