If your marriage is ending because your spouse engaged in an extramarital affair, you might be wondering whether their infidelity could affect the outcome of your divorce. Please continue reading as we explore how a spouse’s cheating could impact your divorce in Illinois and why connecting with a determined Peoria County Alimony Lawyer is in your best interest.
How is Alimony Determined in Illinois?
Alimony, also known as spousal maintenance, is financial support paid by one spouse to the other after the marriage has legally ended. There is a common conception that the lower-earning spouse will automatically be awarded alimony. However, this is far from the trust. In reality, alimony must be requested and the courts will consider various factors to determine if this type of financial support is necessary on a case-by-case basis. These factors include, but are not limited to:
- Each spouse’s age and health
- Each spouse’s income and earning capacity
- Each spouse’s contributions to the marriage (financial and domestic)
- The length of the marriage
- The standard of living establishes during the marriage
- Any other factors deemed relevant by the court
When deciding whether to award alimony, it’s important to understand the court’s primary concern is the spouse’s ability to pay and the other spouse’s actual need for financial support. Calculating alimony can be complex as numerous factors go into the judge’s ultimate decision. As such, it’s crucial to connect with a seasoned lawyer before proceeding with your divorce.
Can Cheating Affect Alimony Awards?
While some states permit judges to factor in a spouse’s marital misconduct when determining alimony, Illinois explicitly prohibits this. It follows a “no-fault” divorce system, which means the only ground for divorce is irreconcilable differences. This refers to the marriage’s irretrievable breakdown with no possibility of reconciliation. In 2016, Illinois maintenance law was rewritten, eliminating all fault-based grounds for divorce.
Today, neither spouse needs to prove the other spouse was at fault for the termination of the marriage. To obtain a no-fault divorce, you must demonstrate that you and your spouse have lived separately for six months or that efforts at reconciliation have failed and further attempts would be impractical.
Illinois courts determined alimony based on the financial needs and capabilities of the parties involved. They don’t consider the personal details of the relationship, such as infidelity. Even if one spouse has proof of the other’s infidelity, this evidence will not be admissible in court to determine alimony. The judges’s decisions will be based solely on financial factors.
If you have questions about alimony in Illinois, it’s in your best interest to consult with a knowledgeable Attorney from Butler, Giraudo & Meister, P.C. who can help you fight for the support you need to get your life back on track. Connect with our firm today to schedule your initial consultation with a dedicated member of our legal team.
