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November 22,2022

Divorce, Spousal maintenance

Goodman Law Firm

5 Factors Considered When Computing Spousal Support

HomeBlogDivorce5 Factors Considered When Computing Spousal Support

Spousal support – also called alimony and spousal maintenance – only plays a role in those divorces that leave one spouse unable to support themself financially while the other has the financial ability to assist. There are five primary factors that tend to determine whether spousal support will be awarded and, if so, its amount and duration. If you have questions or concerns about spousal support, don’t wait to consult with an experienced Illinois spousal support attorney.  

One: Each Spouse’s Ability To Support Themself Or To Become Self-Supporting

If your divorce leaves you without the means to support yourself, alimony may be awarded. If – for example – you cared for your children and home while your spouse forged a lucrative career, the courts are more likely to award spousal support. If you both worked and earned similar incomes, spousal support is far less likely to apply.

Two: Each Spouse’s Income And Earning Capacity Relative To The Other’s

If you earn less than your spouse, spousal support may be awarded, but your earning capacity in relation to your spouse will also be taken into consideration. If you’re capable of earning a similar salary – and there are no obstacles impeding you from doing so – spousal support is unlikely to be needed. 

Three: Contributions To The Other’s Earning Power

If you worked to put your spouse through college or grad school, which led to their ability to earn a good wage while putting your own career advancement on hold, this can tip the balance in terms of spousal support. 

Four: The Standard Of Living Achieved

The judge handling your spousal support case will likely look to the lifestyle that you were able to achieve over the course of your marriage as a framework regarding how to make the support determination. If you and your spouse achieved a luxurious standard of living and you are left facing a bare-bones existence, it advances your case for alimony.  

Five: Either Spouse’s Marital Misconduct

Illinois is a no-fault state when it comes to divorce, which means that you can’t base your divorce on the wrongdoing of your spouse. As such, marital misconduct generally doesn’t play a role in the matter of spousal support. This said, however, the court has the discretion to take any factors it deems relevant into consideration, which means that misconduct like the following could play a role:

  • Adultery
  • The dissipation of marital assets in the buildup to divorce
  • Any other kind of financial hijinks

Turn To An Experienced Spousal Support Attorney For The Professional Legal Guidance You’re Looking For

While spousal support does not come up in every divorce, it can play a very important role in your ability to obtain financial independence. If you are seeking spousal support, Cameron H. Goodman at Goodman Law Firm is a practiced Illinois spousal support attorney who has the experience, legal insight, and focus to help. Your case is important, so please don’t wait to contact us for more information today.

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