Can Alimony Be Denied In Illinois?

couple fighting about alimony

The divorce process can be incredibly complicated, especially when it comes to the financial side of the proceedings. If you’re at all familiar with the divorce process, you probably have heard of spousal support (AKA alimony). This is when one divorcing spouse provides court-ordered financial assistance to the other spouse either during or after the divorce. Many spouses just beginning the divorce proceedings wonder if they’ll need to worry about alimony payments. In some cases, a spouse can even be denied alimony payments. Continue reading this blog to learn more information from our knowledgeable law firm. You can also reach out to a Tazewell County Alimony Lawyer today for individualized legal counseling.

IN WHAT SITUATIONS CAN ALIMONY BE DENIED?

Alimony is decided on a case-by-case basis, so there are many situations where a court might deny alimony requests. In order to earn alimony, you’ll need to prove to the court that the payment is necessary to maintain a certain standard of living. Alimony is most often denied when it’s not necessary/essential.

Some spouses wonder if adultery could impact alimony payments. In Illinois, alimony decisions cannot be based on “marital misconduct”. In other words, the reason for divorce won’t affect how alimony is decided.

HOW IS ALIMONY CALCULATED IN ILLINOIS?

There are two main types of alimony in our state: temporary maintenance and long-term spousal support. Temporary maintenance is paid to one spouse during the divorce process. Alternatively, long-term spousal support can be paid for a fixed amount of time or indefinitely. There is a wide range of factors that are taken into consideration when determining alimony during the divorce process. Some of the most common considerations include:

  • The length of the marriage
  • The needs of each spouse
  • Each spouse’s financial standing – including adjusted annual income, inheritances, earning capabilities, etc.
  • Each spouse’s age and health
  • The couple’s standard of living during the marriage

In most cases, alimony is calculated by determining the difference between 33% of the payer’s net income and 25% of the recipient’s net income to get a yearly payment amount. The amount of alimony paid cannot be more than 40% of the couple’s combined net income.

Are you currently going through the divorce process? Are you looking to receive spousal support payments from your former partner? If so, you’ll need a trustworthy divorce lawyer who can fight for your best interests. No need to worry though because our highly experienced legal team is on your side every step of the way! Contact Butler, Giraudo & Meister today for an initial consultation.

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