My husband wants to divorce me.We have been maried for 6 years. We have two children.He says I do not make enough money.Not sure if he wans a divorce.

Would I be able to get spousal support.How much would I get for child support.Not getting a divorce .I just want some questions answered so I can know what to expect.

Asked on June 13, 2009 under Family Law, Illinois


N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Illinois has 3 distinct types of spousal support: temporary maintenance (which lasts during the divorce proceedings), rehabilitative maintenance (which lasts until the spouse can become self-sufficient), and permanent maintenance.

When deciding whether to award any type of spousal support, the Illinois court will consider the following factors:

  • The income and property of each party
  • The needs of each party
  • The present and future earning capacity of each party
  • Impairment of the earning capacity of the party seeking support due to serving as a homemaker
  • The time necessary for the party seeking support to acquire appropriate employment
  • The standard of living during the marriage
  • The duration of the marriage
  • The age and health of both parties
  • Contribution of the party seeking support to the education, training, or career of the other party
  • Any valid agreement between the parties

The  court may also consider any other relevant factors.

The court will also determine the appropriate amount of child support based on the best interests of the children.

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