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What To Know About Alimony When Getting a Divorce in Illinois

Posted on in Divorce

dupage county alimony lawyerDivorce is a very complex matter. It signifies the finality of a marriage, but divorce proceedings do not end there. They also entail a lot of technicalities, such as child custody, the separation of assets, and alimony. 

Otherwise known as spousal maintenance or spousal support, alimony is a main player in many divorce cases. Alimony is financial support paid by one former spouse to the other.

Who Determines the Value and Dispersal of Alimony? 

During divorce proceedings, whether or not alimony will be paid by one former spouse to the other party will depend on the specific details pertaining to the divorce at hand. Some of the many factors that play a role in the presence or absence of alimony are as follows: 

  • Income levels of each party 

  • Investments or additional income streams 

  • The duration of the soon-to-be-dissolved marriage 

  • The reason behind the divorce 

  • Assets, both shared and separate 

  • Educational backgrounds and employability 

  • If there are children involved 

The person who will decide if alimony is to be dispersed—and if so, the value of the alimony—is the judge. All of the aforementioned details, among others, will be taken into consideration in the context of alimony. 

Can You Avoid Paying Alimony? 

It is possible to get divorced and not have to pay alimony. However, if you are ordered by the court to pay alimony to your former spouse, it is not wise to avoid that legal responsibility. 

Rather, a good plan of action is to be proactive. In the best case scenario, you and your former partner will have either a prenuptial or postnuptial agreement that spells out what will happen in the event of a divorce. 

However, not every couple has these documents prior to filing for divorce. If that's the case, the alternative is to be cooperative and amicable with your former spouse. If you can reach an agreement on your own accord alongside your respective attorneys, the judge will not have to decide on your behalf if alimony is due. 

If coming to a decision with your former partner is not possible, your lawyer will build your case in favor of you not paying alimony. The way by which attorneys go about this is specific to each individual case, but rest assured that a trustworthy lawyer will do everything in their power to prevent you from owing alimony, should that be your preference. 

Contact a DuPage County Divorce Attorney Today 

If you are concerned about potentially having to pay alimony to your former spouse as the result of a divorce, reach out to an Oak Brook divorce attorney by calling 630-575-8585. While alimony may be on the table, your lawyer can explain the options available to you and help you proceed with your best interest in mind. 



Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm

 

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Botti Marinaccio, LTD.

630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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