Financial Burdens in a Divorce

 Posted on March 11, 2025 in Alimony

There is no denying that divorce can be expensive even at the best of times. In addition to the legal fees, you may end up making long-term payments because of a court order. Before filing for divorce, you should know what to expect and be ready to advocate for your right to financial stability. An Illinois family law attorney can help you plan for possible financial burdens while advocating for your best interests.

At Fawell & Fawell, we take the time to understand the needs and goals of our clients during a divorce. We will argue for a fair settlement or verdict that does not leave you in an unfair financial situation so that you can smoothly transition out of your marriage.

Child Support

If you and your spouse are separating with a minor child, you will still be financially responsible for the child whether the child lives with you or your ex. Child support is typically awarded to the spouse with the majority of parenting time, and it covers necessary expenses like housing, food, and clothing.

The amount you may pay in child support is determined based on a model of "income shares." This model takes both parents’ income into account when calculating the monthly payment amount. Once an order is in effect, you will be expected to pay child support until the child turns 18 or graduates high school. However, you may be required to cover college expenses as well.
You can petition for a modification of child support if you experience a significant change to your finances. At Fawell & Fawell, we can advocate for a temporary pause or reduction in child support payments if you suffered an unexpected layoff or a serious injury or illness.

Spousal Support

Spousal support is by no means a guarantee in a divorce. A judge will only award alimony to your spouse if there is a clear financial need or in cases where there is a clear gap in earning potential between both parties. The judge will decide on the length of an alimony award – in some cases, it may only last while the divorce is ongoing, while in other cases, it could last for a period of years after the finalized divorce.

If you are already paying child support to your former spouse, a judge can take that into consideration before deciding whether to award alimony. Additionally, spousal support can be terminated if your spouse remarries or gets a significant pay increase.

Marital Debt

In a divorce, all of your marital assets will be divided between you and your spouse. Credit card payments, mortgages, auto loans, and even student loans can be split up according to a judge’s discretion. When both parties benefit from a loan, it is more likely to be considered a marital debt.

Meet With a Wheaton, IL Divorce Lawyer

The financial responsibilities that come with divorce can be overwhelming. A DuPage County, IL family law attorney at Fawell & Fawell can help protect your best interests, giving you a voice in negotiations. Call us at 630-871-2400 for a free consultation.