How Soon Can I Request Spousal Support?

As soon as you Once you file for Dissolution of Marriage, you can request spousal support. A request is made through a Motion filed with the Court asking for an award of Spousal Support. Generally, the motion is for both temporary and permanent spousal support. You ask for temporary support to get the support payments started during the pendency of the case and ask for permanent support for a final award when the case ends either by Judgement after a trial or Judgement entered by agreement after successful settlement negotiations.

Filing a Motion to Request Spousal Support

Your Financial Affidivit

Factors Used to Determine Spousal Support

  1. the income and property of each party;
  2. the needs of each party;
  3. the earning capacity of each party;
  4. impairment of earning capacity due to being a stay-at-home mom or delaying education;
  5. the standard of living established during the marriage;
  6. the duration of the marriage;
  7. the age, health, occupation, and skills of each of the parties;
  8. all sources of public and private income to each party
  9. the tax consequences to each party;
  10. contributions by the party seeking support to the education, training, career or career potential, or license of the other spouse;
  11. any valid agreement of the parties (such a prenuptial agreement); and
  12. any other factor that the court expressly finds to be relevant.

You can see from the factors that court will look at to determine if you are eligible to receive an award of spousal support while your case is pending and if you are a stay-at-home mom or dad the court will take that into consideration.

Example Scenario

Court Determines the Amount of Temporary Support

The Role of Marital Lifestyle in Determining Amount for Spousal Support

Spousal Maintenance is Based on a Formula Set by Illinois Law

If you have questions or concerns about getting alimony, spousal maintenance or another divorce-related issue contact us at Anderson & Boback to schedule your confidential consultation with our Chicago divorce attorneys to learn more about how soon you can get spousal maintenance once you decide to get a divorce.


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