Do I Have to Pay Alimony to a Spouse Who Was Unemployed or Underemployed By Choice?

DuPage County Divorce Attorneys Explain Factors Affecting Spousal Maintenance

Divorce can put a person who makes far less money than their spouse at a serious disadvantage when they restart their life after marriage, especially if they put their career on hold to dedicate much of their time to raising children. Spousal maintenance (also called alimony or spousal support) is meant to ease that transition after a marriage ends. Eligibility for maintenance is determined based on a number of factors, including the income of each spouse, and the respective present and future earning capacity of each party.

So what happens if a person chose to remain unemployed or underemployed while they were married, despite a spouse begging them to do otherwise?

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we understand how complex legal issues related to alimony may affect your divorce, and we can provide a detailed estimation of what you can expect to pay and the length of time those payments may be expected.

How Much Alimony Will I Have to Pay?

The answer to that question involves a lengthy list of variables, including but not limited to:

• The length of the marriage.
• The potential of your spouse to become economically self-sufficient.
• Each party's education and employment history.
• Each party's age and health status.
• The amount of marital property and how it will be divided.
• The previous standard of living during your marriage.
• Contributions your spouse made to your education, career, or income-earning ability.

If a judge determines that your spouse has refused to get a job or intentionally earns less than they should be able to based on their education, skills, and work experience, the judge may "impute" income for your spouse. That is, they may determine an amount that your spouse should be able to earn, and that figure will be used when determining whether spousal support should be awarded or how much should be paid.

In Illinois, spousal support is in no way based on behavior that might have led to the divorce. Eligibility for spousal maintenance is determined by one spouse's need to receive it and the other's ability to pay the ordered amount for a set period of time. Temporary spousal maintenance may be required throughout the divorce process, and it may last until the divorce decree is finalized. A divorce decree or judgment may include fixed-term maintenance that will be paid for a number of years, and the duration of the payments will typically be based on the length of your marriage. Other arrangements may also be made, such as maintenance that is meant to help your spouse pursue an education, with the need for ongoing support being reviewed after a certain amount of time.

Under current federal tax laws, spouses paying alimony cannot deduct spousal support from their gross income when calculating taxes owed. The payments a person receives will not be considered taxable income.

An experienced divorce lawyer can discuss potential spousal maintenance outcomes in your case, while also addressing all other aspects of your divorce. It is critical that you secure qualified legal representation early in the process to ensure that your long-term financial interests are protected.

Contact a Wheaton, IL Spousal Support Attorney

If you feel that your ex-spouse is not entitled to alimony because they chose not to work full-time or at all, the court may agree. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can advocate on your behalf to ensure that the decisions made during your divorce will be fair and reasonable, ensuring that you will have the financial resources you need as you move on to the next stage of your life. Contact a DuPage County divorce lawyer at 630-665-7300 for an Initial Attorney Meeting.