Legal Question in Family Law in Illinois

how old does a woman have to be or how long married to get lifetime alimony? if the husband makes 150k a year and they have three children. she only worked until she was 25. she is now 43. he is now 45. children are 15,13,10. they live in barrington illinois.


Asked on 1/14/11, 11:58 am

1 Answer from Attorneys

Jessica Natkin Anderson Boback

In Illinois, we refer to alimony as maintenance. It is subject to numerous factors. The length of the marriage is one of the larger factors, thus, the longer the marriage, the more likely a person will receive maintenance. However, other factors are looked at as well, including the education level of the parties, the age of the parties, how long they have been out of work for, their respective incomes, their ability to get back into the work force and earning capabilities, and the standard of living during the marriage. Maintenance is highly discretionary, and lifetime maintenance is hard to receive. Given your ages and work history, it seems like this would be a maintenance case, but certainly not a lifetime maintenance case. I would have to know more information, and maintenance is discretionary and highly dependent on a judge's findings. They have a lot of discretion in determining maintenance according to the statute in Illinois.

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Answered on 1/19/11, 9:35 pm


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