Am I Entitled to Lifetime Alimony in a Gray Divorce?

 Posted on June 30, 2024 in Divorce

For spouses who get divorced in their 50s or later, single life can come as a shock. One of the reasons for this is that single life often has a higher cost of living compared to married life when spouses split expenses and support each other. In addition, spouses going through a divorce in their 50s or later may be retired or might have left the workforce long ago.

When one partner needs financial help after a divorce, the court will sometimes order the other spouse to pay alimony, or what the law calls spousal support. Spouses who go through a gray divorce are more likely to qualify for lifetime alimony, which this article will discuss. If you want to know whether you are eligible for lifetime spousal support in your gray divorce, consult an Illinois gray divorce lawyer.

Who Qualifies for Lifetime Alimony?

It is not that common for a court to order a spouse to pay alimony indefinitely. It is usually granted in cases where:

• A spouse has a disability that prevents him or her from being able to work.

• A spouse may have trouble finding work due to his or her age.

• The marriage lasted 20 years or more.

These scenarios are most common in gray divorces, which often come after lengthier marriages. Furthermore, disabilities increase with age, providing more justification for lifetime alimony.

How Much Is Alimony in a Gray Divorce?

Illinois law looks at several factors when deciding who must pay alimony and how much. These include:

• Each party’s income and assets

• The standard of living during the marriage

• The needs of each party

• The future earning capacity of each spouse, which is how much money he or she can be reasonably expected to earn in a given period of time

• Whether either party has parental obligations that may affect his or her ability to find gainful employment

• Whether either party is receiving retirement income

• The financial obligations of each spouse, especially those resulting from the divorce

• The length of the marriage

Can Lifetime Alimony End?

Even if you are granted lifetime alimony, payments will not usually be made forever. There are three scenarios in which a spouse will stop receiving lifetime spousal support:

• If the spouse receiving the payments, called the payee, gets remarried

• If the payee moves in with a significant other

• If the financial situation of the payor declines significantly, and/or the situation of the payee increases significantly

Contact a DuPage County, IL Gray Divorce Lawyer

People who go through gray divorces are more likely to qualify for lifetime alimony. However, that does not mean it will be ordered. Judges look at many factors before deciding how to order spousal support. To give yourself the best chance of receiving alimony for life, hire a Kendall County, IL gray divorce attorney. At Divorce Over 50 - Goostree Law Group, we are highly experienced in securing alimony orders for our gray divorce clients. Our aggressive and compassionate attorneys will fight aggressively to get you the best support order possible. Call 630-634-5050 to get started today.