Alimony, legally referred to as maintenance in Illinois, is a financial support paid by one spouse to another post-divorce. It is designed to mitigate the economic disparity between the spouses caused by the dissolution of marriage. The eligibility and amount of maintenance are not automatic but are determined based on several factors outlined in the Illinois Marriage and Dissolution of Marriage Act.
Understanding these factors and the process involved is crucial for anyone going through a divorce in Illinois. Whether you are potentially paying or receiving maintenance, a clear grasp of these legal criteria is essential to manage expectations and prepare effectively for the legal process ahead.
Specific statutory criteria guide the determination of maintenance in Illinois by assessing the financial resources of the requesting spouse, including their income and property, against their reasonable needs. Additionally, the court examines the ability of the other spouse to pay, considering their financial circumstances and obligations. This initial step is crucial as it sets the stage for further analysis on whether maintenance is appropriate and, if so, how much and for how long.
Statutory Considerations For Maintenance In Illinois
Under Section 504 of the Illinois Marriage and Dissolution of Marriage Act, the court considers a comprehensive list of factors when deciding whether to award maintenance. These include:
- The needs of each party.
- Each party’s income and property, including marital property apportioned and non-marital property assigned to the requesting spouse.
- The present and future earning capacity of each party. This also considers the time necessary for the party seeking maintenance to acquire appropriate education, training, and employment.
- Any impairment to the earning capacity of the party seeking maintenance due to dedicating time to domestic duties or having delayed or foregone education, employment, training, or career opportunities due to the marriage.
- The duration of the marriage and the likelihood of the party seeking maintenance to become self-sufficient at a standard of living comparable to that enjoyed during the marriage.
- The standard of living established during the marriage.
- The age, physical and emotional condition of both parties.
- Contributions and services by the party seeking maintenance to the education, training, career, or career potential of the other spouse.
- The tax consequences of the property division upon the respective financial circumstances of the parties.
- Valid agreements between the parties, such as prenuptial or postnuptial agreements.
- Any other factor that the court expressly finds to be just and equitable.
If the court decides maintenance is appropriate, the amount and duration are generally calculated using statutory guidelines based on the length of the marriage and the incomes of both parties. For marriages lasting less than 20 years, the duration of maintenance is often calculated by multiplying the length of the marriage by a factor (ranging from .20 for marriages of less than five years to .80 for marriages of 20 years). For marriages of 20 years or more, the court may order maintenance for a period equal to the length of the marriage or for an indefinite term.
Modification And Termination Of Maintenance In Illinois
Maintenance orders are not necessarily permanent. They can be modified or terminated based on a substantial change in circumstances. Such changes might include a significant increase or decrease in either party’s income, a change in employment status, or the remarriage or cohabitation of the receiving spouse with another person on a resident, continuing conjugal basis.
Handling the complexities of maintenance in Illinois requires a thorough understanding of the law and skilled legal representation. Individuals considering divorce or facing maintenance issues are advised to consult with a qualified attorney who can provide guidance tailored to their specific circumstances. Our alimony attorneys can help interpret and apply the law, represent interests in court, and ensure that any maintenance order is fair and equitable based on the unique facts of the case.
Call Our Illinois Spousal Support Lawyer For Exceptional Representation
It is important to ensure your legal rights are protected if you may be paying or receiving spousal maintenance in Illinois. At Bruning & Associates, P.C., we have the experience necessary to handle your spousal maintenance matter. Contact our Illinois spousal maintenance attorneys at 815-455-3000 for free case evaluation and consultation. Let our knowledgeable legal team assist you in navigating maintenance issues, ensuring that the agreement reflects your individual needs and adheres to Illinois law, and safeguarding your financial interests.
