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Alimony FAQ Illinois Alimony Calculator 2023

What is alimony?  Alimony is an order of a court for the support of one spouse by the other spouse. State law, which varies by state, governs the award of alimony to a spouse. On application of either party for spousal support, the court may decree an increase or decrease only upon a showing of a substantial and material change of circumstances. Alimony may terminate upon the death of either spouse, the marriage of the spouse receiving alimony or, if the court finds that alimony should terminate in order to avoid a harsh and inequitable result.

Am I entitled to alimony when I divorce?  The court may award permanent or temporary alimony or both to either party, and in so doing may consider, but not be limited to, the following factors: The actual need

  • Ability to pay
  • The duration of the marriage
  • The age of the parties
  • The physical health of the parties
  • The emotional health of the parties
  • The standard of living established in the marriageand the likelihood that each party can maintain a reasonably comparable standard of living
  • The earning capacities of the parties
  • The educational levels of the parties
  • The vocational skills of the parties
  • The employability of the parties
  • Marital misconduct
  • The length of absence from the job market
  • The custodial responsibilities for children of the party seeking alimony
  • The time and expense necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment, and the availability of the training and employment
  • The opportunity for future acquisitions of capital assets and income
  • The history of the non-financial contributions to the marriage by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities
  • The history of the financial contributions to the marriage by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities
  • The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair and
  • Any other factors which the court may deem relevant.

What is a Divorce Agreement?

A divorce agreement is a legal document that outlines the terms and conditions for ending a marriage. It covers important aspects such as property division, child custody, visitation rights, child support, and spousal support. In Illinois, a divorce agreement is called a Marital Settlement Agreement. It is a written contract between the divorcing spouses that details how they have agreed to divide their assets and debts, as well as address issues related to child custody and support. The agreement can be reached through negotiation, mediation, or with the help of attorneys. Once both parties agree to the terms, the agreement is submitted to the court for approval, and upon approval, it becomes legally binding.


Step 1 – Provide Parties and Marriage Information

Step 1 in Illinois involves providing parties and marriage information. This means that couples who wish to get married in Illinois must provide details about themselves, including their names, addresses, and social security numbers. They also need to state the date and location of the marriage ceremony. This step ensures that the necessary information is collected and recorded accurately for legal purposes.


Petitioner and Respondent Information

In Illinois, when we talk about the "petitioner" and "respondent," we are referring to the people involved in a legal case. The petitioner is the person who starts the case and asks the court to do something, like dissolve a marriage or establish custody of a child. They are like the person who kicks off the legal process. On the other hand, the respondent is the person who must respond to the petitioner's request. They can either agree with what the petitioner wants or challenge it in court. The respondent's role is to provide their side of the story and defend their rights and interests. These terms are used to clearly identify the roles individuals play in legal cases in Illinois.


Marriage Date and Location

The marriage date and location in Illinois refer to the specific day and place where a couple officially gets married in the state of Illinois. In simple terms, it is the date and venue where two people legally bind their lives together through marriage. Illinois is the specific location where this marriage takes place.