Maintenance (Alimony)

FAMILY/DIVORCE LAW IS STATE LAW. THIS SITE GIVES YOU SOME GENERAL INFORMATION ABOUT WHAT HAPPENS IN FAMILY/DIVORCE CASES IN ILLINOIS. THE INFORMATION HERE IS NOT COMPLETE AND THE LAW IN STATES OTHER THAN ILLINOIS IS DIFFERENT.

In divorce cases, a court can award either spouse a temporary or permanent maintenance awards in amounts and for periods of time that the court deems fair without regard to marital misconduct. Maintenance is what used to be called alimony or spousal support. It is usually cash payments from one spouse to another or a regular basis, or in a lump sum amount.

In deciding whether or not to award maintenance to a spouse, the court will consider the following factors:

1. The income and property of each party, including marital property apportioned and non-marital property assigned to the party seeking maintenance;
2. The needs of each party;
3. The present and future earning capacity of each party;
4. Any impairment of the present and/or future earnings capacity of the party seeking maintenance due to that party devoting time to domestic duties or having forgone or delayed education, training, employment, or career opportunities due to the marriage;
5. The time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment and whether that party is able to support his/herself through appropriate employment or is the custodian of a child making it appropriate that custodian not seek employment.
6. The standard of living established during the marriage;
7. The duration of the marriage;
8. The age and physical and emotional condition of both parties;
9. The tax consequences of the property division on the respective economic circumstances of the parties;
10. The contribution and services by the party seeking maintenance to the education, training, career or educational potential or license of the other spouse;
11. Any valid agreement of the parties; and
12. Any other factor that the court finds to be just and fair.

Maintenance will automatically terminate upon the remarriage of the spouse receiving maintenance or upon that spouse living with another person of the opposite sex. Maintenance can either be for a short period or for an indefinite period. Maintenance is subject to modification (change) upon a showing that the circumstances of either or both parties have substantially changed (for better or for worse) such that it is fair that the maintenance award be increased, decreased, or terminated.

To find out more about maintenance issues feel free to e-mail me or contact me by phone at 217-615-4053