Can I Get Spousal Maintenance as a Stay-at-Home Parent?
Divorce can bring many financial hurdles, especially if you are a stay-at-home parent who relies on your spouse's income. Spousal maintenance, or alimony, may help ease the transition by providing financial assistance. But how do courts determine eligibility, and what steps can you take to secure spousal maintenance? If you are a stay-at-home parent dealing with a divorce, a knowledgeable Illinois family law attorney can guide you through the process and advocate for your rights.
What Is Spousal Maintenance and Why Is It Important for Stay-at-Home Parents?
Commonly referred to as alimony, spousal maintenance is a court-ordered payment that one spouse provides to the other during or after a divorce to help balance financial differences. It allows the lower-earning spouse to maintain financial stability, particularly if they sacrificed career opportunities to raise children or manage the household. Stay-at-home parents may need to rely on spousal maintenance as they work toward becoming self-sufficient.
How Do Courts Determine Spousal Maintenance Eligibility?
Illinois courts will consider many factors when deciding if spousal maintenance is appropriate under the Illinois Marriage and Dissolution of Marriage Act, such as:
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Length of the marriage: Spousal maintenance is more likely to be awarded in long-term marriages.
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Income and assets: Courts will evaluate the financial resources available to both spouses.
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Earning capacity: Stay-at-home parents often have limited earning potential due to time spent out of the workforce.
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Marriage contributions: Courts recognize non-financial contributions, such as caregiving and career support.
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Needs of each spouse: Courts will assess whether spousal maintenance is necessary to cover essential living expenses.
What Steps Can You Take to Secure Spousal Maintenance?
If you are a stay-at-home parent and are concerned about your financial future, some steps to strengthen your case for spousal maintenance include:
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Document your contributions: Track your role as a caregiver and homemaker to demonstrate your non-financial contributions to the marriage.
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Understand your finances: Work with a financial professional to evaluate income, assets, and debts.
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Plan for the future: To become self-sufficient, consider job training, education, or other resources.
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Hire an experienced attorney: A skilled divorce lawyer can craft and present a compelling case for spousal maintenance.
Can Spousal Maintenance Be Modified or Terminated?
In Illinois, spousal maintenance can be changed or stopped if circumstances change. For instance, if the paying spouse's income significantly decreases or the receiving spouse becomes financially independent, the court may alter the order. Spousal maintenance also ends if the recipient remarries or cohabitates with a new partner.
Contact a DuPage County, IL Divorce Lawyer for Help With Spousal Maintenance
Understanding your rights to spousal maintenance is crucial if you are a stay-at-home parent facing divorce. A skilled Wheaton, IL divorce lawyer at Goostree Law Group can help you obtain the financial support you need to move forward with your life. Call 630-364-4046 today to speak with one of our compassionate attorneys and learn more about how we can support you during this challenging time.
