Getting Fair Spousal Support When Divorcing After 50 in Illinois

 Posted on August 25, 2023 in Divorce

Divorcing later in life brings unique financial challenges. Spousal support, also known as alimony or maintenance, can provide important income for older divorced individuals in Illinois. However, securing fair alimony requires understanding your rights and navigating the complex factors considered under state laws.

Illinois Courts Favor Permanent Alimony

When an older couple divorces in Illinois after a long-term marriage, judges will typically order permanent spousal maintenance that continues until the receiving spouse dies or remarries. The goal is to provide financial support similar to the standard of living enjoyed during the marriage.

Illinois judges do not like limiting alimony with a termination date when dealing with older couples who have been married for over 20-30 years. Permanent spousal support aims to prevent major lifestyle reductions after gray divorce.

Length of Marriage Is Key

The length of the marriage is the most important factor Illinois courts consider when determining appropriate alimony amounts after a gray divorce. Longer-term marriages where one spouse forewent career advancement to raise a family will result in higher maintenance awards. It is not uncommon for a "gray divorce" after 30 years of marriage.

Retirement Assets Are Factored In

Alimony is determined not just based on current income, but also retirement assets and future earnings ability. If one spouse has pension plans, 401(k) accounts, IRAs or other retirement funds far exceeding the other’s savings, the lesser-saving spouse will likely get increased maintenance to make up the difference in golden years.

Health Insurance Impacts Amounts

Older spouses lose access to an ex-spouse's health insurance after divorce. Since securing individual coverage can be challenging and costly after 50, Illinois courts may order the spouse who has employer-provided or retirement health insurance to cover the ex-spouse for a period of time. COBRA access also factors in, as one spouse may remain on the other's plan for 36 months post-divorce. Health insurance considerations impact the total alimony awarded.

Modification Is Possible

If financial circumstances change significantly for either party after the divorce, Illinois law allows either spouse to request a modification of alimony. This provides important flexibility when facing retirement, job loss, illness or new expenses.

Contact a DuPage County Divorce Lawyer

Consult an experienced Illinois divorce attorney for help getting fair spousal support when divorcing later in life. The right alimony can provide much-needed security during your retirement years. Call Divorce Over 50 - Goostree Law Group at 630-634-5050 today.

Source: 

https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm

https://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm