Spousal Maintenance in Illinois

Abear Law Offices

Spousal maintenance is an important aspect of the divorce process, and those beginning the divorce process would be wise to become familiar with the topic. You may have heard spousal maintenance referred to as alimony or spousal support, and all names refer to the same idea of payments being paid to one spouse from the other spouse after divorce.

Clients often ask how much, if any, maintenance they should expect to either receive or pay. If you believe you will receive spousal maintenance, it will likely play a big part in your post-divorce budget. If you believe you will be paying spousal maintenance, it is nice to know how much to expect to pay and for how long you will have to make payments.

Laws on spousal maintenance in Illinois change frequently, and each judge has discrepancy in deciding whether or not to award spousal maintenance and the terms of the maintenance. In reality, there is no way to say how much, if any, spousal maintenance will be awarded. A qualified divorce attorney, however, can offer helpful insight and advocate on your behalf.

Determining Maintenance

Illinois judges review each divorce case and consider a number of factors when deciding whether or not to award spousal maintenance. The amounts and terms of maintenance vary from case to case. One judge may decide to grant lifetime maintenance, while another may have only granted temporary, rehabilitative maintenance if deciding on the same case. Factors weighed include:

  • The length of the marriage;
  • Each spouse’s ability to support themselves post divorce;
  • The financial needs of each spouse;
  • Each party’s job abilities and education levels;
  • The emotional conditions of both spouses;
  • Any agreement previously made between spouses; and
  • The standard of living maintained during the marriage.

A Qualified Attorney Can Help

The qualified divorce and family law attorneys at Abear Law Offices have years of experience handling spousal maintenance issues representing clients on both the paying and receiving end. We understand that maintenance can be one of the most important issues of a divorce, and our knowledgeable DuPage County divorce attorneys are here to help. Maintenance issues can arise after divorce too, and adjustments often need to be made to spousal maintenance orders. If one party remarries, for example, changes will need to be made through post decree modification. Whether you are just divorcing, or in need of post-decree modification, our attorneys are available to consult today. Call 630-904-3033 today to get started.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000