A “gray divorce” is a term used when referring to a couple that gets divorced later in life, typically when they are over the age of 50. Perhaps they were waiting until their children were grown and out of the house, or an extramarital affair caused the split. Regardless of the reasons for the marriage ending, these older spouses will have to make some important decisions regarding their divorce settlement in order to move forward into the next chapter of their lives. One of the major issues with a “gray divorce” is that there can be more assets, and larger assets, to divide, which can cause conflict between spouses. Certain high-value assets can be more problematic when trying to determine which of these assets are marital property and subject to division. Also, often there is the emotional aspect of becoming single again after perhaps decades of marriage to deal with. 

Important Issues to Consider

Every marriage is different, and therefore every divorce is likely to have its own unique issues. Even if spouses are amicable and mutually agree to legally end their marriage, they may find the legal process quite challenging. In many “gray divorce” cases, it can be difficult for one party to think about starting over, moving into a new house, and/or finding employment after years of raising children and not working outside of the home. Here are some of the main elements that typically need to be addressed in a “gray divorce”: 

For some, the financial implications of a divorce may be more harmful than the end of their relationship. It can take months, or even years, for couples to make the decision to file for divorce and their romantic relationship has often deteriorated long before they have even come to this realization. Some spouses may stay together simply because of their financial reliance on each other. In order to prevent people from remaining in an unhappy marriage due to their inability to live financially independent, Illinois courts will evaluate the individuals’ financial situation during the divorce process and determine whether or not financial assistance is needed for either party. It can be a shock to transition from living off of a combined income to barely scraping by on a single income, but often the spouse with the lower income is likely eligible to receive financial assistance, known as spousal maintenance, or spousal support, or alimony, from his or her former spouse.

The Designation of Support

Since each family’s financial situation varies, there are three different types of spousal maintenance from which the court can choose. The type of support that they order is determined by a number of factors, including the receiving party’s employment status, the length of the marriage, and each party’s marital relationship moving forward. Spousal support arrangements can be modified at any time, the most common modification reason being when the receiving party remarries. The following are the three types of spousal maintenance awarded by the Illinois court system:

A common fear that many divorced persons have is of now being alone forever. In some cases, this fear can cause a person to stay in a marriage much longer than they would like. However, contrary to popular belief, those who get divorced will not necessarily remain single for the rest of their lives. In fact, many divorcees take the lessons that they learned in their first marriage and put those towards a healthier and more mature relationship in the future. For some, this may mean a second marriage, while others may prefer to avoid saying “I do” a second time. Regardless of the status of your relationship, it is important to understand how bringing a new partner into your life may result in changes to your divorce agreement. 

Child Support Payments

Parents’ child support obligations are determined using a number of factors. The court will compare the amount of time that the child spends with each parent and see who will be the primary caregiver or custodial parent moving forward. The non-custodial parent is typically responsible for making child support payments to the custodial parent to ensure that children’s ongoing needs are met. In most cases, the non-custodial parent will continue to pay child support regardless of whether either parent gets remarried. 

However, a parent may ask for an adjustment to the amount of child support if they have experienced a change in circumstances. For example, If the non-custodial parent remarries and will be contributing toward the support of step-children, he or she may ask for child support payments to be lowered. On the other hand, if the custodial parent remarries, and this results in a change in his or her household finances, child support may also be adjusted at the court’s discretion.

With a divorce comes many difficult emotions and questions about the future. Whether it be concern over child-related issues, where to live, or finding a job, a lot of people fear the unknown. This can be an uneasy time, and especially for a spouse who was a stay-at-home parent or who relied on his or her partner’s income. There are laws that govern the financial support an ex-spouse may be able to receive after the end of the marriage. One spouse may be entitled to receive spousal maintenance payments, but it is important to understand how eligibility for spousal support is established, how the dollar amount of the payments is calculated, and how long maintenance will last. 

How Is Spousal Support Determined in Illinois?

Under Illinois law, what used to be called alimony or spousal support is now termed spousal maintenance. This type of support can be granted to either party. Illinois courts do not consider fault in connection with the divorce or any misconduct committed by either spouse during the marriage when determining whether a spouse is eligible to receive maintenance. When deciding whether to award maintenance, the court will consider certain factors, such as: