Am I Guaranteed Alimony as a Stay-at-Home Parent in Illinois?

 Posted on May 30, 2024 in Illinois Divorce

Divorce for stay-at-home parents is often overwhelming. There is child custody to work out, living arrangements to make, and a child to support. For many stay-at-home parents, sorting out financial support is the most difficult part. It is not easy to break into the workforce after having been out of it for so long, and options can seem few and far between.

This is where spousal support, or alimony, comes in. Alimony and child support are financial tools that are meant to help stay-at-home parents, but they are not guaranteed. An experienced divorce attorney will be able to clarify whether you can expect spousal support.

When Do Courts Order Alimony?

Courts order spouses to pay alimony based on several factors, such as:

• Whether one spouse has significantly more money than the other

• The financial needs of each spouse

• Which spouse has the most child custody

• The duration of the marriage

• The future earning capability of each spouse

• The standard of living during the marriage

Typically, when one parent has significantly more wealth than the other stay-at-home parent and the stay-at-home parent cannot support himself or herself, the court will order the former to pay alimony. The amount of alimony is determined on a case-by-case basis.

When Do Courts Not Grant Alimony to a Stay-at-Home Parent?

Even if you are a stay-at-home parent, you may not be entitled to alimony if certain factors are true, such as:

• You have enough income.

• You have financial assets, such as investments, that can provide you with adequate financial support.

• Your spouse is unable to pay spousal support.

• You do not have child custody.

• Your marriage was short.

However, keep in mind that even if a judge does not grant you alimony, there is still another way you may receive financial support from a divorce.

Property Division

One of the procedures during the divorce process involves dividing the marital property, or marital assets, between the spouses. Marital property is defined by Illinois law as anything that was acquired by either spouse during the marriage (with some exceptions). Both spouses are entitled to marital assets, which are distributed fairly, not equally.

This means that the court will decide how to divide property between you and your spouse based on certain factors. Those factors include your financial state and your contribution to the property during the marriage. If you are a stay-at-home parent with no income and few financial prospects, you may be awarded a larger portion of marital assets.

Contact a Kane County, IL Alimony Lawyer

Most rulings made by courts during divorces are based on many case-specific factors. This includes alimony, which is not guaranteed. The best way to know one way or the other is to consult a St. Charles, Illinois alimony attorney who can tell you what to expect as a stay-at-home parent. At Weiler & Associates, Inc., our experienced attorneys know when courts are likely to award alimony and other financial benefits. We will use our extensive legal skills to make sure you get as much alimony and financial support as possible. Call 630-331-9110 to let us handle your case today.