Law Articles

Return to Law Dictionary Index

Illinois Alimony Laws and Spousal Support

Either party may be awarded alimony if it is determined that the party seeking spousal support is:

• unable to support him or herself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that he or she not be required to seek employment outside the home; and

• lacks sufficient resources, including any marital property, to provide for his or her reasonable needs; or

• is otherwise without sufficient income.

In determining the amount and duration of alimony or spousal support, an Illinois Court will consider:

• the time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment;

• the standard of living established during the marriage;

• the duration of the marriage;

• the age of the spouses;

• the physical and emotional conditions of the spouses

• the ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support;

• the financial resources of the spouse seeking maintenance, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently; (8) the tax consequences to each spouse; and

• any custodial and child support responsibilities.

Marital fault may not be considered in assessing a party’s request for Illinois alimony or spousal support.

Return to Articles

Return to Law Dictionary Index