Can I Receive Spousal Maintenance or Alimony If I Am A Stay-At-Home Parent?

June 3rd, 2024 by Tiffany Hughes

What is Maintenance?

Spousal maintenance, otherwise known as “spousal support” or “alimony,” is the legal obligation of a person to provide financial support to their former spouse following a divorce or legal separation.

Who receives spousal support or alimony in Illinois?

Spousal maintenance is not a standard element of all divorce cases and is typically mandated only when one party earns significantly more money than the other. In Illinois, a spouse can only receive maintenance if they earn less than 40% of the parties’ combined net incomes. The purpose of spousal maintenance is to lessen any unequal financial burdens on parties to a divorce including unemployed spouses in a divorce, stay-at-home parents, and some non-breadwinner spouses in a divorce. There are three types of maintenance: fixed-term, reviewable, and indefinite:

Fixed-term Maintenance:

The court orders maintenance to be paid for only a specific time period after which maintenance terminates. Said time period is determined by the maintenance award guidelines in Section 504 of the Illinois Marriage and Dissolution of Marriage Act.

Reviewable Maintenance:

The court orders maintenance to be paid for a specific time period. At the end of said time period, maintenance is reviewable and extended or terminated.

Indefinite Maintenance:

The court orders maintenance to be paid with no specific termination date. Maintenance will continue until the court grants a motion requesting a modification or termination.

How is Maintenance Determined?

There are several factors that courts consider when determining a party’s entitlement to maintenance, which are outlined in Section 504 of the Illinois Marriage and Dissolution of Marriage Act. These factors include, but are not limited to, the duration of the marriage, the standard of living established during the marriage, and the realistic present and future earning capacity of each party.

Legal proceedings pertaining to spousal maintenance often require extensive discovery for both parties, which entails full financial transparency and requires each party to provide the other with bank statements, pay stubs, valuations of assets, investment records, and any other relevant financial documents or disclosures. If a party is deceitful during discovery and engages in dishonest acts such as hiding or fabricating finances, the court may impose significant financial and legal penalties upon the party.

Stay-At-Home Parents and Maintenance

Spousal maintenance is a financial obligation that is separate from any court-ordered child support obligations. A party can receive both spousal maintenance and child support simultaneously from their former spouse following a divorce.

Stay-at-home parents and unemployed spouses in a divorce can absolutely receive spousal maintenance following a divorce, however, said spousal maintenance will likely be fixed-term or reviewable, which means that the spousal maintenance will be temporary. As described above, courts will consider the present and future earning capacity of each parent. If the stay-at-home parent is able to work, they will be expected to seek employment in the future and financially support themselves, especially as the children age and become increasingly self-sufficient.

Need More Information or Representation?

If you are a stay-at-home parent and are requesting maintenance (also known as alimony), give The Law Office of Tiffany M. Hughes, P.C. a call today at 773-893-0228 for a confidential, complimentary 30-minute phone consultation or email Tiffany Hughes directly at Tiffanyhughes@thugheslaw.com. Our entire practice is solely dedicated to the area of family law. We are highly experienced in helping stay-at-home parents, unemployed spouses, and those facing an imbalance of income in a divorce with litigating issues involving maintenance and alimony, child support, and valuating marital assets, providing legal protection for stay-at-home parents against breadwinner in a divorce, and advising you as to your legal rights, responsibilities, and obligations, all while protecting your privacy and advocating for your best interests.

About Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes, P.C.:

Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

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