Do I Qualify for Alimony?
Bloomington Family Lawyer
Do I Qualify for Alimony?
There is often a substantial difference in the amount of income each spouse brings into a marriage. This can be for a variety of reasons, including the level of education each spouse has attained, because one spouse is the primary caretaker for young children, or because one of the spouses has a disability that prevents them working. If the couple divorces, this difference in income may be addressed through alimony.
At Pioletti Pioletti & Nichols, our family lawyers have significant legal experience in Illinois family law. We understand how stressful divorce can be. Contact our Bloomington office today to find out how we may help you get the outcome you and your children deserve.
What Is Alimony?
Alimony is also referred to as spousal support or spousal maintenance. It is the court-ordered support from a spouse who has the ability to pay an ex-spouse who is in need of financial support. These payments occur for a period of time set by the court. Alimony can be requested in the initial filing for divorce or at any time during the divorce process.
A Bloomington court may grant a spouse’s requires for alimony under the following circumstances:
- When one spouse has been financially dependent on their former spouse.
- When one spouse needs support for a specific period of time in order to obtain the ability to support themselves. This could include going back to school to get a degree or finding full-time employment if they have only been working part-time or not at all. This is sometimes referred to as rehabilitative alimony.
- When one spouse supported the other spouse during a specific period of time while that spouse obtained an education for their career. For example, if an individual supported their spouse while they obtained medical training to become a surgeon, the court could order the surgeon spouse to pay alimony. This is sometimes referred to as reimbursement alimony.
- When one spouse needs financial assistance to set up a new home as a result of the divorce. This is sometimes referred to as transitional alimony.
Unless otherwise specified by the Bloomington court, alimony will end when either of the spouses die, when the spouse receiving the alimony remarries, or when the spouse who is paying alimony reaches retirement age. There are some exceptions to these rules, which your family attorney can explain to you.
In some situations, either the receiving spouse or the paying spouse can file a request with the court for a modification in alimony. Grounds for alimony modification include a material change of circumstances for either party after the original alimony order was entered. The party requesting the modification must present clear and convincing evidence to the court in order to win a modification.
Contact a Bloomington Family Lawyer for Assistance
If you are contemplating divorce but are unsure of whether or not you will qualify for alimony, or have other questions regarding how a divorce could impact you financially, contact Pioletti Pioletti & Nichols today for a free consultation with a Bloomington family lawyer.
