When a marriage comes to an end, particularly under circumstances where one spouse is primarily responsible for the divorce, emotions can become heated. In some cases, a person may believe that their spouse should be punished for infidelity or other actions that led to the breakdown of their relationship. If you are planning to end your marriage in Illinois, you may wonder whether being the "innocent" spouse might impact your eligibility for alimony, also known as spousal maintenance. As you address this issue and other divorce-related concerns, it is important to understand the nuances of Illinois law regarding spousal maintenance and fault in a divorce. An experienced attorney can guide you through the complexities of divorce law and help you understand your rights and options.
Spousal Maintenance in Illinois: An Overview
Spousal maintenance is not automatically granted in Illinois divorces. The court will consider several factors to determine whether maintenance is appropriate and, if so, its amount and duration. However, it is important to understand that the purpose of spousal support is to maintain equality between spouses and ensure that they will both have enough financial resources to support themselves. Spousal maintenance will typically consist of monthly payments by one party to the other, and it is meant to ensure that a person who earns less than their former partner will be able to continue living at the standard the spouses were accustomed to while they were married.
Because Illinois follows "no-fault" divorce principles, courts do not consider “marital misconduct” when making decisions about most divorce-related issues, including spousal maintenance. So, even if your spouse committed infidelity or engaged in behavior that led to the breakdown of your marriage, they cannot be required to pay you alimony as a penalty.
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