Illinois Spousal Support/Maintenance/Alimony Factors

In Illinois the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the Circuit Court will order support from one spouse to the other on a case-by-case basis as follows:

Without regard to marital misconduct, the court will award maintenance in a lump sum or for a fixed or indefinite period of time, and the maintenance may be paid from the income or property of the other spouse after consideration of all relevant factors, including: (A) the income and assets of each party; (B) the financial needs of each party; (C) the earning capacity of each party; (D) any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having forgone or delayed education, training, employment, or career opportunities due to the marriage; (E) the time necessary for the receiving party to seek employment (F) the standard of living established while married; (G) the length of the marriage; (H) the age and health condition of both parties; (I) the tax ramifications of the property award upon the respective economic circumstances of the parties; (J) contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse; (K) any valid mutual agreement of the parties; and (L) any other factor that the court expressly finds. (750 Illinois Compiled Statutes - Chapter 5 - Sections: 504)