Will My Spouse Be Required to Get a Job After Our Illinois Divorce?

DuPage County Attorneys Explaining Spousal Maintenance After Divorce

During your divorce, a variety of financial issues will need to be addressed, and both you and your spouse will need to make sure you will have the resources to meet your ongoing needs. If your spouse is not currently employed, you may be asked to pay spousal support to ensure that they can maintain the standard of living the two of you were used to during your marriage.

When addressing issues related to spousal support in an Illinois divorce, the court may impute some income to your spouse based on however much they should be able to earn if they were to seek employment. Cases can vary depending on their unique circumstances, but the team at Mirabella, Kincaid, Frederick & Mirabella, LLC can help you understand the process, and we can ensure that matters related to financial support will be addressed correctly.

How Income Affects Spousal Maintenance

While a person who earns a lower income than their spouse may be eligible to receive spousal support, decisions about spousal maintenance may be based on the amount a spouse should be able to earn based on their education, employment history, and job skills, even if they are not currently working. If the court determines that a person is voluntarily unemployed or underemployed, it may impute income for that spouse when determining whether spousal support should be paid or the amount that they will be entitled to receive.

In many cases, the spouse receiving spousal support will have the obligation to find employment in order to become financially self-supporting. If your spouse is unemployed by choice, their imputed income may be used to determine the amount and duration of spousal maintenance he or she may receive. If your spouse does not demonstrate a good-faith effort to secure acceptable employment within the time period specified by the court, this may be a basis to have their maintenance payments terminated.

There are exceptions that may apply in certain situations. For example, it may not always be possible for one of the spouses to become self-supporting or live at the same standard they had experienced during the marriage. In these cases, Illinois courts may award long-term or permanent maintenance. For example, if a spouse is disabled to the point that they cannot live on only the income they are earning, the other spouse may be required to pay support for an indefinite period to ensure that the disabled spouse can meet their ongoing needs.

Contact Our DuPage County Spousal Support Lawyers

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we are here to make sure you are covered for any issues that may arise if your spouse is not doing their part to find employment. Please contact us if you have questions about spousal maintenance awards or other divorce-related issues. Schedule a consultation with our attorneys by calling 630-665-7300. Our office is located in Wheaton, Illinois. We have served families for decades throughout many different counties, including DuPage County, Kendall County, and Kane County.