Ann O'Connell Law, Ltd.
Free Consultation | Se habla espaƱol

Call: (847) 859-5453

Proactive Representation With Personalized Attention

Tactful Solutions For Your Family

We provide practical solutions to individuals and families throughout Chicagoland.
${site.data.firmName}${SEMFirmNameAlt}

(847) 859-5453

What factors guide Illinois courts when awarding alimony?

When an Illinois resident decides to seek a divorce, one of the first questions to be asked is will the court require one spouse to pay alimony. Alimony is more commonly referred to as spousal support or maintenance, but the factors that govern its award and the amount of support are spelled out in the state's statutes.

Illinois courts have broad discretion when determining whether an award of spousal maintenance is appropriate. State law provides twelve factors to be considered and a thirteenth catch-all category. The first factor is the income and property of each party. The court must also consider the financial needs of each party and their present and future earning capacity. In making this judgment, the court must also consider whether either party's earning capacity has been impaired by decisions made on account of the marriage.

Courts also consider the length of the marriage and the standard of living the parties established during the marriage. A court will look at the age, health, station, occupation and vocational skills of each party. Some people have both public and private sources of income that will be considered. The court will consider whether one spouse made significant contributions to the education, training, or career potential of the other spouse.

The court will also consider whether the parties executed a valid premarital agreement or any other binding agreement regarding the payment of support. The catch-all provision is any other factor that the court finds just and equitable. This factor obviously gives the court wide latitude in evaluating the merits of any petition for spousal support.

The statute governing the award of spousal maintenance specifies the amount of support in certain conditions, but the court can modify the guideline amounts based upon consideration of any of the factors listed above.

No Comments

Leave a comment
Comment Information
Email Us For a Response

Get The Attention You Need Schedule A Free Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Evanston Office
526 Kedzie Street
Evanston, IL 60202

Phone: 847-859-5453
Phone: 847-859-5453
Evanston Law Office Map

622 Laurel Avenue
Highland Park, IL 60035

Phone: 847-859-5453
Phone: 847-859-5453
Map & Directions

contact us