Legal Question in Family Law in Illinois

Alimony Awards While On Disability

A marriage lasting 35 yrs..is now over..she worked 18 yrs of that 35..he worked 25 yrs..of that 35 years...they are both currently on a Disability...what is the probability that temporary/permanent Alimony/Spousal Support will be granted.....thx


Asked on 3/10/09, 1:29 pm

1 Answer from Attorneys
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Alimony Awards While On Disability

If they are both on disability and that is their only source of income, I'd think the chances of alimony is near zero, especially if they're both on permanent disability. At least that would be likely in Illinois. The judge would look at the length of marriage, the respective incomes of the spouses, and each spouses's ability to earn income as well as their quality of life. Also, if there are savings involved, that could impact things, but I would imagine that would be divided by lump sum rather than by maintenance being ordered. It really depends on the circumstances, and you should consult with an attorney.

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Answered on 3/10/09, 7:21 pm


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