Many variables to consider when awarding spousal support

A judge's gavel rests on a wooden surface next to two small burlap sacks marked with dollar signs, evoking a sense of financial negotiation or legal decision. Between the sacks stand two wooden figurines, subtly referencing the expertise of a Peoria County Commingling Assets and Transmutation Lawyer.

There are all kinds of variables that play into who gets what in a divorce situation. Those variables also exist when it comes to spousal support payments when Illinois couples divorce. Temporary spousal support is usually ordered prior to a divorce being complete, while payments become permanent or long-term after a divorce is final. A family court judge will decide which better suits the situation.

The spouse who is awarded permanent spousal support will be receiving it until he or she dies or gets remarried. The court will take into consideration several factors prior to making a decision on how long spousal support should be paid. Those can include the education and skills of both people, the type of lifestyle the couple was living prior to their separation, whether each person has a good job or the skills to obtain one, and how long the couple was married.

Individuals should never assume spousal support is a given. If it is awarded, its duration is usually specific to the couple’s personal circumstances. For instance, if a couple divorces after 20 or more years of marriage, spousal support could be indefinite, while for a couple who has only been married for five years or less, spousal support may be awarded for less time, depending again on the personal situation.

Since the path to spousal support payments can be confusing, it may be difficult for some to understand how payments and length of payments are calculated. An Illinois attorney may be able to clarify some of the variables used to make those determinations. Seeking legal counsel — whether a payor or a payee of spousal support — may be in a person’s best interests.

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