1. Legal

Exploring the Factors Used by Courts to Assign Alimony in Chicago

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Alimony, or spousal support, is a payment that a former spouse makes to the other after divorce. It is not based on gender, but instead is calculated based on income and resources, as well as other specific factors. When determining the amount of spousal support, a judge will also consider:

Both parties' income from all sources, including income derived from property awarded during the divorce proceeding, and the earning capability of both parties, must be taken into consideration.

 

Considerations such as age, physical, mental, and emotional conditions of both parties, the retirement benefits of both parties, and the length of the marriage should be taken into account when determining alimony.

 

Factors that are considered when determining Alimony include the education level of both parties, the assets and liabilities each party holds, as well as the standard of living the couple established during their marriage.

 

When considering spousal support, factors such as contributions either spouse made to the other's education, training, or earning ability, time and expenses necessary for the spouse seeking spousal support to obtain education, training, or job experience, and how it will affect each spouse's taxes should all be taken into account.

 

A court may consider lost income production capacity resulting from marital responsibilities, such as raising children or maintaining the home, as well as any other relevant factor.

 

Spousal support may be indefinite, end on a certain date, or be revised due to certain occurrences in the lives of either party, like the recipient getting remarried. Even when it is permanent, it is not always permanent in its entirety. Situations such as retirement or changes in finances could lead to modifications of the support.

 

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