Does Gender Matter When It Comes to Alimony?

 Posted on June 26, 2024 in Spousal Support

Alimony, often called spousal support, is a financial payment one spouse makes to the other after a divorce. Illinoisans often wonder if gender impacts who must pay or receive alimony. Simple put, no – gender does not matter when it comes to alimony. To explore how alimony works and to further understand why gender is not a factor, contact a lawyer to ensure you understand the alimony process and other processes related to your divorce.

Gender Equality in Alimony

One common misconception about alimony is that only women receive it. This belief comes from past decades when men were usually the primary breadwinners in the family. However, times have changed, and so have the laws. In Illinois, alimony is gender-neutral. This means that either spouse, regardless of gender, can receive or pay alimony. The Court's goal is fairness and balance, not favoring one gender over the other. This is true even if one spouse identifies as nonbinary, transgender, or any other gender besides male or female.

Understanding Alimony in Illinois

In Illinois, alimony is designed to help the lower-earning spouse temporarily maintain a similar lifestyle compared to what he or she enjoyed during the marriage. The Court looks at several factors to decide whether alimony is appropriate and for how long payments should continue. Key factors include:

• Income and property – The Court will assess each spouse’s financial situation, including income, property, and assets.

• Need and earning potential – The Court considers each person's financial needs and ability to earn money in the future.

• Contributions to the marriage – This includes financial contributions and non-financial contributions such as homemaking and child-rearing.

• Duration of the marriage – In most cases, longer marriages will result in longer alimony payments.

Real-Life Examples

Consider a marriage in which the wife is a high-earning executive and the husband is a stay-at-home dad. If the couple were to divorce, the husband might be entitled to alimony to help him transition into a job or maintain his lifestyle.

Likewise, if a man gave up career prospects of his own, including locating to a new city and working to support his wife while she was in medical school, he might be entitled to alimony in a divorce.

Contact Our Mt. Prospect, IL Spousal Support Attorney

What matters regarding Illinois alimony is fairness and the financial situations of both parties, not gender. The Court will look at many factors, ensuring neither spouse is left at a significant financial disadvantage post-divorce. Everyone, regardless of gender, has an equal chance of receiving or paying alimony.

For assistance in this and other phases of your divorce, contact our Northwest Cook County, IL spousal support lawyer with The Law Office of Nicholas W. Richardson, P.C. Call 847.873.6741 for a free consultation.