There’s a common belief that spousal support, also known as alimony, is guaranteed in every divorce. In reality, that’s far from true. In Illinois, spousal support is not automatic and must be justified based on specific financial circumstances.
At Shark Lawyers for Men, we represent men across Illinois who are facing spousal support demands, whether they’re seeking it or being asked to pay it. If you’re concerned about whether support will be awarded in your divorce, here’s what you need to know.
Spousal Support Is Not Automatic in Illinois
Illinois courts don’t issue spousal support just because someone asks for it. In fact, it’s only awarded when one spouse can prove that they genuinely need financial assistance, and that the other spouse has the means to provide it.
At Shark Lawyers for Men, we’ve seen firsthand how courts weigh factors carefully before awarding support. And when they don’t? We’re ready to push back.
When Might Spousal Support Be Granted?
The court looks at the full financial picture of both spouses. Here are a few of the key factors that come into play:
- The length of the marriage
- Each spouse’s income and earning capacity
- Whether one spouse sacrificed career advancement for the other
- The standard of living established during the marriage
- Any health concerns or disabilities that limit a spouse’s ability to work
- Contributions made as a stay-at-home parent or homemaker
If one spouse is financially disadvantaged after the divorce, the other can reasonably help the court may award support. But if both parties can support themselves, it likely won’t be granted.
Who Typically Pays Spousal Support?
Spousal support is based on income and financial need, not gender. Men can receive support just as easily as women, depending on the situation. But traditionally, it’s more common for men to be the ones paying.
If you’re the higher-earning spouse, the court may look to you for support payments. But that doesn’t mean the other party automatically gets what they’re asking for.
We make sure the court sees your actual ability to pay, your ex’s earning potential, and whether support is truly warranted under the law.
Types of Spousal Support in Illinois
Spousal support can take several forms:
- Temporary – Ordered while the divorce is ongoing
- Fixed-term – Set for a specific period after divorce
- Reviewable – Reassessed after a period of time based on changes in income or employment
- Permanent – Reserved for long-term marriages with significant income disparity or limited ability to work
The type and duration of support depend on the facts of your case. We work to limit unnecessary payments and avoid open-ended obligations.
How Is Support Calculated?
Illinois uses a basic formula for calculating maintenance (in many cases):
33% of the payer’s net income – 25% of the recipient’s net income
That amount is subject to limits and cannot exceed 40% of the couple’s combined net income. But the court can deviate from the formula if it finds good reason to do so.
This is where strategy matters. If your income is being inflated, your ex’s income is being downplayed, or the court doesn’t have the full picture, we correct that and fast.
When Support Should Be Challenged
You may have grounds to oppose spousal support if:
- Your ex can work, but chooses not to
- They’re underemployed on purpose
- They have assets or family support they’re hiding
- The request is more about punishment than need
We help men challenge unfair spousal support requests by presenting the full story and making sure the court hears it.
Contact Shark Lawyers for Men Today
Spousal support can feel like just another way the system works against you. But with the right legal strategy, you can protect your income, your future, and your peace of mind.
At Shark Lawyers for Men, we know support isn’t automatic, and we make sure the court knows it too. Whether you’re being asked to pay or believe you’re entitled to receive it, we’ll fight for a fair result. Contact us today to get started.
