Can I Get Permanent Spousal Support in Illinois?

 Posted on April 03, 2025 in Divorce / Family Law

 Illinois judges can choose to award spousal support – otherwise known as alimony – to either spouse, depending on various considerations. This award might last while the divorce is ongoing, as a lump sum, or for a fixed term with the possibility of renewal. While spousal support is generally thought of as something temporary, a judge can award lifetime alimony in rare circumstances if the situation calls for it. An Illinois divorce attorney can review your case to see if you should petition for permanent spousal support.

At Loire Krajniak Law, LLC, we can advocate for your need for alimony in your divorce. We can help you strategize for a favorable outcome in and outside of court, taking steps to protect your financial future.

How Does the Length of the Marriage Impact Spousal Support?

First and foremost, you should know that permanent spousal support is usually only considered for marriages that have lasted 20 years or more. Under the statutory guidelines for alimony in Illinois, the duration of alimony payments is proportional to the length of the marriage.

For a marriage of less than five years, alimony will only be paid for a fifth of the marriage’s duration. For marriages that lasted around 12 years, alimony payments will last for more than half of the marriage’s length. At 20 years, a judge can choose to award support lasting the full length of the marriage, or indefinitely.

What Role Do Financial Resources Play in Alimony Calculations?

The length of the marriage is not the only factor considered in spousal support. Alimony awards are based on need. If you do not have enough assets to live comfortably on your own, the courts are more likely to consider alimony. For that reason, the division of marital property can play a significant role in whether or not alimony is awarded in your divorce.

At Loire Krajniak Law, LLC, our family law attorney will take a close look at the assets available to you to see whether you have grounds to petition for spousal support. In any case, we will fight for a resolution that leaves you in a stable position after your divorce.

How Is Earning Potential Used in Spousal Support Decisions?

Your earning capacity is a key factor in determining your eligibility for permanent spousal support. An older, retired spouse might struggle to enter the workforce after a divorce, especially if he or she does not have the education or training to find a high-paying job. Homemakers and stay-at-home parents may receive extra consideration for spousal support since they have sacrificed career opportunities to maintain their households.

If you are worried about your ability to secure a stable income after a long marriage, you might have grounds to petition for long-term spousal support. At Loire Krajniak Law, LLC, we can present proof of your earning potential to the court to make sure your concerns are heard.

Contact a Kendall County, IL Family Law Attorney Today

There is no denying that lifetime alimony is exceptionally rare. However, if you are getting a divorce after a long marriage, it is a possibility worth considering. At Loire Krajniak Law, LLC, our Oswego, IL divorce lawyer can advocate for your financial needs, regardless of your situation. Call us at 630-448-2406 today for a free consultation.