UPDATE: When Is Spousal Support Awarded in an Islamic Divorce in Illinois?

 Posted on May 17, 2023 in Spousal Support

Originally published: July 12, 2021 -- Updated: May 17, 2023

Update: Below, we look at the factors that may be considered when determining whether spousal support should be paid from a husband to a wife during and after an Islamic divorce. These decisions will often be made on a case-by-case basis while considering both Islamic law and the laws that affect divorces in the state of Illinois. However, in situations where it is determined that spousal maintenance should be paid, a couple will need to understand how the amount of payments will be determined and how long these payments will be made.

In some cases, these matters may be addressed ahead of time through a marriage contract or prenuptial agreement. A couple may also reach an agreement on the amount and duration of spousal maintenance in their divorce settlement. However, if other arrangements cannot be made, the family court judge overseeing the couple's divorce will make the final decisions on these issues.

When matters are left up to the court, a specific formula will usually be used to calculate the amount of support payments. When an ex-husband will be paying support to an ex-wife, the formula takes one-third (33 and 1/3 percent) of the husband's net annual income and subtracts one-fourth (25 percent) of the wife's net annual income. The resulting figure is divided by 12 to determine the amount of monthly payments. However, there are some limits to the amount that can be paid. After the amount of annual spousal support is added to the wife's net annual income, the total cannot be more than 40 percent of the couple's combined annual net income.

The amount of time that spousal support will be paid will be a percentage of the length of the couple's marriage. For couples who were married for less than five years, maintenance will last for 20 percent of the length of the marriage. The applicable percentages increase for each year a couple was married between five years and 20 years. For example, if a couple was married for 10 years, the percentage will be 44 percent. If a couple was married for more than 20 years, spousal support may be paid for 100 percent of the length of their marriage, or a judge may order it to be paid indefinitely.

Contact Our DuPage County Spousal Maintenance Lawyers

If you need to address issues related to spousal support in an Islamic divorce, Farooqi & Husain Law Office can advise you on how Illinois law applies in your situation while also considering the steps you can take to uphold the tenets of your faith. Contact our Oakbrook Terrace spousal support attorneys at 630-909-9114 to set up a consultation and learn more about our Islamic divorce services.

During a divorce, a spouse may request that their former partner pay them financial support. This form of support is referred to as spousal maintenance in Illinois, but it is also known as spousal support or alimony. Eligibility for spousal support can be a complex issue in any divorce case, but during an Islamic divorce, couples will need to determine how Shariah law applies in these situations.

Spousal Maintenance Under Illinois Law

In an Illinois divorce, a spouse may request that the court award spousal support, usually because they have relied on their partner during their marriage and do not have the financial resources to fully provide for their own needs. When determining whether maintenance will be appropriate, a judge will consider multiple factors, including:

• Each spouse’s financial circumstances, including their income-earning capacity, their ongoing needs, their age and health, and their financial obligations, including the obligation to provide child support for their children or other forms of support for a spouse from a previous marriage or children from a previous relationship

• Whether a spouse has experienced impairments to their income-earning capacity due to focusing on family or household responsibilities during the marriage

• Whether decisions regarding child custody will affect either spouse’s income-earning capacity

• Whether one spouse has provided assistance that increased the other spouse’s income-earning capacity, such as managing household responsibilities while the other spouse obtained education or focused on career advancement

• Any agreements between the spouses related to spousal support, including prenuptial or postnuptial agreements or an Islamic marriage contract

• Any other applicable factors that the court considers to be “just and equitable”

Spousal Support in an Islamic Divorce

Traditionally, Islamic law only provides for post-divorce spousal support, known as mut‘at-al-ṭalāq, in certain circumstances, and some scholars believe that women are only entitled to three months of support during the waiting period prior to the finalization of a divorce. However, some scholars are of the opinion that maintenance may be awarded in some limited circumstances. These scholars believe that post-divorce should be available to women who:

• Were not at fault for a divorce

• Received a divorce due to a husband’s physical abuse, mental cruelty, or impotence

• Receive a divorce after being deserted by their husband

• Were divorced before their marriage was consummated and before mahr was fixed

• Were divorced because their husband did not provide for their financial needs

• Were divorced by a husband because of chronic illness (īllāh) or because a husband foreswore marital relations (zihār)

However, scholars have stated that a woman should not receive spousal support if she sought a divorce through khula or who was responsible for a divorce, such as because of an extramarital affair. 

Contact Our Illinois Islamic Divorce Lawyers for Spousal Support

If you are a Muslim who is planning to get divorced, you will need to consider how Islamic law applies in your situation while also making sure you are following the requirements of Illinois law. The lawyers at Farooqi & Husain Law Office can provide you with legal help, and we will help ensure that you follow your legal and religious requirements while also working to protect your rights and your financial interests. To get help with spousal support during your divorce, contact our DuPage County spousal maintenance attorneys by calling 630-909-9114.

Sources:

https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm

https://iiit.org/wp-content/uploads/2018/09/post_divorce.pdf