Spousal support, also known as alimony or maintenance, is a significant part of divorce proceedings that involves one spouse providing financial assistance to the other. Understanding the key factors and considerations surrounding spousal support in Illinois is important for both parties involved. Today, we will provide an overview of spousal support law in Illinois and shed light on what is most important to know. Remember, for questions and concerns about your divorce, your divorce lawyer will be a tremendous resource as you navigate this turbulent period. 

Eligibility for Spousal Support 

In Illinois, either spouse may be eligible for spousal support, primarily based on the individual's income and earning capacity. Other factors include how long the couple was married, the standard of living the couple enjoyed during the marriage, the age and health of each person in the relationship, the future earning potential of each spouse, and more. A common misconception exists that spousal support is always rewarded in divorce cases. This is not true. Spousal support may or may not be a relevant aspect of your case. Your attorney will help you understand whether spousal support is something pertinent to your case. 

Duration of Spousal Support

The duration of spousal support in Illinois depends largely on the length of the marriage. Generally, the longer the marriage, the longer the support period. In short-term marriages, the duration may equal the length of the marriage. In long-term marriages, where the marriage lasts 20 years or more, the duration of spousal support will likely be elongated. In cases where the receiving spouse has a permanent disability that restricts or prohibits them from working, the spousal support they receive may be indefinite. 

Going through a divorce can be one of the most challenging things anyone will ever go through. As a result, building a support team of professionals can be highly beneficial as you look to protect yourself legally, financially, and emotionally. Of course, your greatest resource during this process will be your divorce lawyer. However, there may be other professionals, non-lawyers, who can also assist you during this process.

Here Are Professionals to Keep on Your Radar During Your Divorce

These professionals may be beneficial to you as you navigate your divorce. They include the following:

• Real estate agents - These professionals can provide critical support during a divorce by assessing and guiding one through selling jointly owned property, such as the marital home. While the marital home is not always sold during a divorce, there are many cases where selling the house will become necessary. During the division of property process where the sale of the marital home is involved, licensed real estate agents can conduct a market analysis, assess potential flaws in the property, develop creative marketing plans, and provide important information or advice regarding how to price and sell the home. Moreover, an experienced real estate agent will be familiar with the legal minutiae that inevitably arise during the sales process of a home. Realtors can also help work with divorce attorneys as spouses navigate the property division process.

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Divorce can be stressful and heartbreaking for everyone involved, and things can become even more complex and problematic when it comes time to divide assets. Assets accumulated during the marriage are typically subject to division and distribution according to Illinois law, but there are many things that need to be clarified surrounding this process. Today, we will address some misconceptions to ensure clarity regarding the asset division process. In addition, it is essential to understand how important a divorce lawyer is as you approach this process, as failing to hire an attorney will make the entire divorce process significantly more difficult and increase the chance that your eventual settlement will turn out in your favor. 

Be Aware of These Critical Misconceptions About Illinois Asset Division

• Misconception #1 – Assets are divided 50/50 in an Illinois divorce: In Illinois, assets are divided equitably but not exactly equally. When it comes to asset division, the court will consider several factors, including each spouse’s contribution towards acquiring and maintaining the marital property and each spouse’s earning capacity and finances. 

• Misconception #2 – Only the assets acquired during the marriage are subject to division: This is only partially true. In Illinois, any assets or property acquired during the marriage are considered marital property, but that is not all that is included. Marital property also consists of any income, pension plans, and retirement benefits accumulated during the marriage. However, let us say that your spouse bought a house before you got married. But upon marriage, you moved into the house, thus making it the marital home. Even though the house was purchased before the marriage, it is not considered your spouse’s separate property but is regarded as commingled property. As a result, the house may be subject to division.

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Although most people rarely think about it, marriage is a financial partnership as much as a romantic one. Consequently, there are many financial matters to sort out during a divorce. The spouses' financial circumstances heavily influence property division, child support, and spousal maintenance determinations during a divorce. Divorcing spouses are asked to provide full financial disclosure so that the spouses, their attorneys, and the court can make informed decisions.

Unfortunately, some spouses are tempted to hide assets or lie about their financial situation during a divorce in order to gain an advantage. This type of financial dishonesty can have serious consequences. It is important for divorcing spouses to understand the legal ramifications of financial deceit so that they can protect themselves from unfair outcomes in court.

March is Women's History Month. In this blog, we will discuss the unique issues that many women face while getting divorced as well as tips for how to address these issues. Divorcing women often face multiple complicated matters during divorce, legally and personally. They may need to address the division of shared property, the allocation of parenting time and parental responsibilities, spousal support, child support, and other complex legal concerns. They may move out of the marital home, reenter the workforce, and deal with other practical concerns as well.  While no two divorces are alike, there are a few tips that can help make the process smoother for women.

Understand Your Financial Situation and Prepare for the Financial Implications of Divorce 

Taking stock of the financial realities of divorce can help women anticipate the costs they may face and plan ahead. It is important to know what assets are marital assets, how much debt is being divided, and any potential financial support that may be owed or received. One of the best things you can do is to gather your financial documents such as tax returns, loan applications, bank statements, retirement account statements, and credit card bills, and make sure you understand the full financial picture. Additionally, start working on a post-divorce budget.