Approximately 6.6 percent of Illinois marriages result in divorce. That is extraordinarily low given that the national rate for first-time marriage couples is between 40 and 50 percent. However, there were 1,528 marriages and 762 divorces in McHenry County alone in 2016. And the number of divorces in Illinois is increasing.
These marriages break apart for a number of reasons, and occasionally one of the partners has a relationship outside of marriage. Each state has its own set of requirements for spousal support eligibility. But can you get alimony in Illinois if your spouse cheated?
Here's what you need to know from the knowledgeable divorce lawyers in Illinois at Diamond Divorce.
Basics of Alimony (Maintenance) in Illinois
Alimony, also known as the care or spousal support, is money paid by one spouse to the other to ensure financial stability when a marriage ends. The purpose of alimony is to ensure that both partners are on roughly the same economic level and can enjoy the same standard of living.
In some cases, Illinois law authorizes a judge to order one spouse to pay the other spouse support payments throughout the divorce process, in the final divorce order, or during an appeal filed after the divorce is finalized. The state allows for four types of alimony, sometimes known as spousal support, to be awarded:
Fixed Term –This is support that is provided for a certain amount of time and ends at that time.
Indefinite or Permanent –this is support that is paid for a vague amount of time but that could end or change in response to certain situations.
Reviewable –This is support that can be reviewed by the court after a given amount of time or the occurrence of a specific incident.
Temporary – This support is usually granted during the divorce procedures to help with living expenses. When the divorce is finalized, the temporary support ends.
There are situations when the question of alimony is “Reserved,” in addition to the four categories of alimony outlined above. At this point, the court puts the question of support on hold to be decided at a later time.
Alimony is almost often granted to the spouse who makes less money. However, if the spouse with the lower income merely opts not to work, the court may ascribe income based on that person's qualifications and anticipated employment prospects. Putting income means that the court gives a value or calculates what it thinks the lesser-earning my partner should be able to make and takes that account of when figuring out if alimony should be awarded and the amount that should be given.
Read More: LDR Relationship how to Maintaining a long-distance Relationship
The Effects of Alimony Cheating
As was previously indicated, a judge will take into account marital wrongdoing when deciding how much alimony to award. Cheating, while not more relevant than any other factor, will be considered as part of the overall evaluation of the case.
The conditions underlying infidelity are critical. An unfaithful spouse may be forced to pay more alimony than a faithful spouse, depending on what the judge deems fair. While adultery generally has no bearing on how the marital estate is divided, in some cases the cheating spouse is made to give up a larger portion of the assets.
In Divorce Cases in Illinois, Fault and Alimony
In certain places, such as Illinois, alimony calculations may take into account fault (such as cheating), however in Illinois, such decisions are not made. According to Illinois law, alimony is granted regardless of marital dishonest
If, on the other hand, the party receiving alimony is proven to have cohabited with another person on a continued conjugal basis (living together like husband and wife without getting married), it can be grounds for terminating alimony.
Different Types of Alimony
There are five different types of alimony, two of which provide financial assistance to a spouse both before and during a divorce.
1. Spousal Support: This monetary award is available to a dependant spouse following the divorce of the couple. The divorce is finalized when spousal support is no longer required.
2. Alimony Pendente Lite (APL): This support is provided to a dependant spouse during the divorce proceedings and terminates after the divorce is finalized. APL can help with living expenditures as well as divorce-related fees.
3. Rehabilitative Alimony: A spouse may be given rehabilitative alimony to support that spouse while he or she acquires the skills or education required to become self-sufficient.
4. Reimbursement Alimony: A spouse can be paid for their contributions to the higher-income spouse's schooling or employment.
5. Permanent Alimony: This type of alimony is only granted in exceptional situations. The majority of permanent alimony awards occur in traditional, long-term marriages where the independent spouse has been a reliable provider for many years and the dependent spouse is unable to find employment again
Dividing Marital Property
Similarly, while deciding how to split marital property, the court ignores marital dishonesty or infidelity.
However, it may have an impact on the equitable distribution of marital property if one spouse committed adultery while using marital assets. Using funds from a shared (marriage) bank account, for example, to:
- Purchase jewelry or pricey presents for a “paramour“;
- take a lover on an expensive trip while deluding the spouse that the trip is business-related;
- Support a mistress (or “manstress”) financially by covering expenses like lodging and food at the expense of the family and its resources.
When deciding an equitable partition of the marital estate, the court will take these types of issues into account.
Determining Alimony
The first step is for the court to decide, after taking note of all pertinent information, whether or not a maintenance award is appropriate. The type of support awarded by the court after the divorce is final will be fixed, indefinite, reviewable, or reserved by the court. (Remember that temporary support ends when the divorce decision is entered.)
The amount of maintenance to be paid is then considered, if any. This sum decides in part by the length of the marriage and the spouses' relative economic conditions.
Illinois rules set forth recommendations for the amount and duration of the maintenance award. The amount to be paid is determined by formulae that take into account the spouses' gross income and the length of their marriage. However, judges do have some discretion and may differ from the established formulas if they believe it is appropriate. The suggestions say that for marriages lasting 20 years or more, maintenance may be for the length of the marriage or indefinitely. A date that is indefinite, such as a death date or a significant shift in income or circumstances, is one that cannot be predicted.
Before you act, make sure you understand your rights.
When you learn that your partner is having an affair, it's common to feel betrayed and desire to lash out by wrecking their car or hurting the other person. But, before you act, make sure you understand the legal repercussions.
Your capacity to seek for divorce may be jeopardized in addition to having negative legal repercussions. So, if you feel the need to vent your rage, do so within the bounds of the law – contact a divorce lawyer right away and file for divorce!
FAQs
Do people still get alimony if they cheat?
A judge may order an unfaithful spouse to pay more alimony than a faithful spouse depending on what they deem to be reasonable. While adultery does not usually effect property split, the cheating spouse is sometimes forced to give up a larger percentage of marital assets.
Can I divorce my husband if he cheats on me?
The split of marital property or the custody of children is unaffected by adultery, or cheating on your spouse. Adultery can be a justification for divorce and a reason for alimony to be awarded.
How do you treat a cheating husband?
- Get all the facts straight.
- Confront.
- Let the truth sink in.
- Leave the kids out of it.
- Don't confront the other woman.
How do you punish a cheating husband emotionally?
However, punishing your lover is not always about playing games. He might be hurt only by confronting him and making him feel bad. Simply express your rage and sense of violation to him. Be truthful about how one moment of lust destroyed years of trust.
Should I forgive my husband if he cheated?
There is no single correct answer. It all comes down to your particular bond with your partner and if you believe you can forgive them for infidelity. It's fine if you decide it's not possible.
Can a relationship go back to normal after cheating?
Relationships can survive infidelity if both individuals are ready to do the effort of processing their feelings and thoughts with the objective of healing from the infidelity jointly. Healing after infidelity requires time and patience, but it can result in the partnership growing and becoming more resilient.
