Could My Husband Receive Alimony When He Refuses to Work? | Illinois

 Posted on October 31, 2024 in Spousal Maintenance

Perhaps you are a hardworking person whose husband has been less than hardworking throughout your marriage. In fact, this may be one of the reasons you have decided to divorce him. He may have had many work opportunities throughout your marriage but has declined to take a single one as he waits for the "perfect job."

Now, although he is perfectly able-bodied, educated, and trained, he has decided he would rather continue to let you financially support him via spousal support, even after the divorce. What can you do? Alimony, more commonly known today as spousal support or spousal maintenance, is often an area of contention between spouses. The spouse ordered to pay spousal support is unlikely to be happy about it, and the spouse receiving spousal support may believe they deserve more.

Illinois determines whether spousal support is appropriate by using a list of factors along with state statutes that outline how spousal support is calculated. If you are concerned that your spouse will receive spousal support even though he or she refuses to work, it is time to speak to an experienced Naperville, IL divorce lawyer from the Law Office of Ronald L. Hendrix, P.C..  

What Factors Are Used in Determining Whether a Spouse Will Receive Spousal Support?

Spousal support is far from a given in today’s world. It is generally assumed that both spouses will contribute to a family, whether financially or through homemaking and child-rearing. A spouse who could work and support himself or herself but chooses not to is unlikely to be looked at in a positive light by the court. When determining whether spousal support will be awarded, the court will consider these factors:

• The needs of each spouse

• The length of the marriage

• The income, assets, and debts of each spouse after the division of assets

• The standard of living established during the marriage

• The current and future earning capacity of the spouse requesting support

• Any constraints on the earning capacity of the spouse asking for support as a result of delayed education, training, or employment  

• Constraints on the earning capacity of the spouse being asked to pay support

• The time it will take for the requesting spouse to obtain education, training, or employment

• Constraints on the ability of the spouse asking for support to obtain or maintain employment because of the allocation of parental responsibilities.

• The age, health, occupation, employability, vocational skills, liabilities, estate, and amount and sources of income for each spouse

• Contributions made by the spouse asking for support during the marriage  

•  Income, including disability or retirement income

• The tax consequences of a spousal support award

• Any prior agreements, such as a prenuptial agreement

How is Spousal Support Calculated?

If the judge awards spousal support, the amount and duration will be determined based on the net income of each spouse and the length of the marriage. The standard equation is 33.3 percent of the paying spouse’s monthly net income minus 25 percent of the receiving spouse’s monthly net income equals the amount paid per month.

The duration of spousal support depends on the length of the marriage; if the marriage lasted less than five years, then the duration is 20 percent of the length of the marriage or one year. The duration goes up four percent for each additional year of marriage, up to a marriage of 20 years or more, where the duration of spousal support can be the length of the marriage or indefinitely.

Contact a Will County, IL Divorce Lawyer

If you feel your spouse is unfairly asking for spousal support, this is an issue to be discussed with your DuPage County, IL divorce attorney from the Law Office of Ronald L. Hendrix, P.C.. Attorney Ronald L. Hendrix is a court-appointed mediator who holds a master’s degree in guidance and counseling in addition to his law degree. When you choose the Law Office of Ronald L. Hendrix, P.C., you have chosen an experienced law firm and an attorney who will fight for you and your future. Call 630-355-7776 to schedule your free consultation.