Spousal maintenance (also known as “alimony” or “spousal support”) is a payment from one spouse to another to help the receiving spouse help pay for the divorce and also to keep up a comparable way of life the couple enjoyed when the marriage was in effect. There are several different types of spousal maintenance, ranging from temporary to permanent, to lump sum. To find out more about spousal maintenance in Illinois, contact an experienced Chicago alimony attorney today.
Learn More About the New Maintenance (Spousal Support) Law as of 2019.The Availability of Spousal Maintenance in Illinois
The court will generally be the one to determine the type, amount, and duration of spousal support required. In doing so, the court will consider a number of factors. A non-exhaustive list of factors the court may consider is below:
- The length of the marriage;
- The income and property of each spouse;
- Each spouses current annual income as well as each spouses future earning capacity;
- Whether the requesting spouse can become self-sufficient with receipt of the support;
- How long it will take the requesting spouse to obtain the necessary training, job experienced, or education required to become self sufficient;
- Each spouses age and physical, mental, and emotional wellbeing;
- Any valid existing between the spouses; and
- The couple’s standard of living during the marriage.
One factor that the court will not consider is marital misconduct. In other words, the court’s decision to award alimony will not be based on the wrongdoing of either of the spouses.Types of Spousal Maintenance in Illinois
There are several different kinds of spousal support in Illinois. After considering the factors above, the court will decide on whether spousal support is appropriate and, if so, what kind:
- Rehabilitative Maintenance: This type of support is designed to be temporary, lasting only until the receiving spouse gets back on his or her feet. Generally, the court will determine an amount as well as a timeframe for rehabilitative maintenance.
- Permanent Maintenance: For long-term marriages, or those marriages where one spouse will be unable to support him or herself, the court may order permanent spousal support. Permanent support continues as long as the receiving spouse lives, or until he or she remarries or cohabitates.
- Temporary Maintenance: This type of support is generally authorized during the pendency of the divorce, in order to allow the recipient spouse to maintain the lifestyle he or she enjoyed during the marriage. . Once the divorce is final, temporary spousal support will end, possibly in favor of a different kind of support.
- Maintenance in gross: This type of support means one spouse pays the other spouse the money in a lump sum payment.
If you are contemplating filing for divorce, or are currently involved in a divorce proceeding, you should contact an experienced Chicago divorce attorney as soon as possible. The sooner you contact an attorney, the sooner you can argue for a fair assessment of spousal support. The law firm of Taradash Given, P.C. is a dedicated family law firm committed to providing excellent representation to their clients. Serving clients in Chicago and the surrounding areas, including Will, Dupage, and Lake Counties, Taradash Given, P.C. is committed to helping our clients through their family law issues. Call (312) 775-1020, or fill out our online contact form to contact an attorney today.