What are the requirements for receiving alimony in Illinois?

Alimony in Illinois is determined by the courts on a case-by-case basis. Either party may seek alimony however alimony is not guaranteed. Courts grant spousal support based on all relevant circumstances including the need and abilities of both parties. Courts may not consider marital fault in determining alimony.

Types of Spousal Support

• Temporary – a court may grant temporary support during the period between filing for divorce and final dissolution, if one party requires it to survive.
• Short-Term – support may also be granted for a short period of time after dissolution, especially if one party needs to obtain an education or skills to become employable.
• Long-Term or Permanent – a court may grant support for a longer time in the case of a lengthy marriage if circumstances of the parties make it necessary.

Factors for Awarding Alimony

Illinois courts consider the following when determining alimony:

• Income and property of each party;
• Needs of each party;
• Earning capacity of each party;
• Devotion of time or resources to child rearing;
• Time needed to obtain education or skills for employment purposes;
• Standard of living established during marriage;
• Duration of the marriage;
• Age and condition of both parties;
• Tax consequences;
• Contribution of a spouse to the education, career or training of the other spouse;
• A valid agreement between the parties; and
• Any other factors the court finds just.

Termination or Modification of Alimony

In Illinois, alimony may be modified or terminated when a change in circumstances warrant the action. Remarriage by the receiving spouse or conjugal cohabitation are generally reasons for support termination.

How Long Does Spousal Support Last in Illinois?

The length of spousal support in Illinois is determined by the court's discretion and depends on factors such as the duration of the marriage, the situation of the parties and anything relevant to the issue.

Talk with an experienced divorce attorney if you are facing marriage dissolution in Illinois.