Alimony is monetary support paid from one spouse to another, either during or after divorce proceedings. While there are several different kinds of alimony, in the most general sense alimony is paid from one party to another to maintain the standard of living the receiving spouse had become accustomed to during the marriage. If you are considering filing for a divorce, contact Lance Green, a Woodstock family law attorney for guidance.
Alimony payments are not a part of every divorce decree. In order for a judge to award alimony payments to a spouse, that spouse must show that there is need for alimony and that the paying spouse has the ability to make the alimony payments. A spouse can prove there is a need by showing that he or she will not be able to achieve his or her former standard of living after considering income, as well as any proceeds from the equitable distribution of the marital assets.
Once a judge decides that alimony payments are appropriate under Illinois law, the judge will consider the following factors when determining the amount of alimony:
- The standard of living established during the marriage;
- The tax consequences of the alimony award;
- The adultery of either spouse;
- The duration of the marriage;
- The age, as well as physical and emotional condition of the parties;
- The financial resources of the parties;
- The earning capacities, educational levels, vocational skills, employability of the parties, and the time necessary to acquire education or training;
- Each party’s contribution to the marriage including financial support and services;
- Each party’s responsibilities with the minor children; and
- All sources of income available to either party.
There are several types of alimony payments in Illinois. It is within the court’s discretion to award no alimony, or to make an award combining different categories of alimony.
If you are thinking about filing for divorce in Illinois, or have filed for divorce and are facing alimony questions, contact Lance Green, an experienced Northwest Illinois family lawyer. Contact Prime Law Group for a confidential consultation at 815-338-2040 or contact us online.
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