Spousal support, also called alimony or spousal maintenance, is designed to limit the negative financial consequences of divorce experienced by a lesser-earning spouse. In the past, husbands were almost always the payors of spousal support and wives were the recipients. However, as more and more women are becoming primary earners, orders of spousal support from ex-wives to ex-husbands are becoming more common.

In Illinois, courts have considerable discretion in determining whether or not to award spousal maintenance. Typically, statutory formulas determine the amount and duration of maintenance payments.

When Is a Spouse Entitled to Spousal Support?

If a divorcing couple has a valid prenuptial agreement or postnuptial agreement that establishes spousal support terms, the court will typically uphold this agreement. If there is no prior spousal maintenance agreement, the court will consider a range of different factors when determining whether spousal maintenance should be awarded. These factors include but are not limited to: