Introduction To Spousal Support And Divorce
When a married couple legally separates, the court can award either spouse alimony based on an agreement between the couple or on a decision made by the court itself. Maintenance is designed to limit any unfair economic disadvantages from a divorce by providing the lower-earning spouse with a continuing income. Whether spousal support is needed to maintain a standard of living or to help a spouse become self-sufficient in their new single life, it would be wise to hire competent legal representation when facing an alimony dispute.
Alimony Laws In Illinois
In Illinois, alimony is determined by the financial need of the asking spouse and the other spouse’s ability to pay. Unlike child support, it isn’t calculated by a state-approved formula. Instead, if a couple cannot agree on an amount and payment scheme, the court has the authority to make a decision based on factors relevant to the individual case. In deliberating the amount of maintenance to be paid, if any, the court may consider many factors, including the duration of the marriage, the standard of living established during the union, each spouse’s financial circumstances, each person’s contribution to the marriage, child support and any agreement made between the couple. The judge may also consider any factor they believe is fair under the circumstances.
However, the courts do not consider marital misconduct when determining alimony. When it comes to spousal support, it doesn’t matter who was at fault for the divorce or whether a spouse was honest or even abusive during the marriage.
Types Of Spousal Support In Illinois
Depending on the facts of the marriage, a judge may award either temporary, rehabilitative, reviewable or permanent alimony.
Temporary alimony is meant to cover the cost of living and other expenses while the divorce is ongoing. Meanwhile, rehabilitative maintenance is awarded for a period and is intended to help a spouse become self-sufficient through formal education or vocational training. Similarly, reviewable spousal support is periodic and is meant to provide a spouse with enough time to become independent. Finally, permanent alimony is indefinite and is typically awarded when a spouse is incapable of achieving the standard of living established during the marriage.
Modification And Termination Of Spousal Support
Either spouse can ask for a modification in the amount and duration of alimony if there is a substantial change in circumstances. Also, if the paying spouse can prove that maintenance is no longer necessary, a judge might agree and terminate the support order. In Illinois, alimony can be terminated if a spouse dies, remarries or lives with someone in an intimate relationship.
Attorney Robert Thomas Serves Clients In Arlington Heights
If you are facing an alimony dispute in Arlington Heights or Schaumburg, Illinois, it would be in your best interest to contact the law office of attorney Robert S. Thomas. Whether you are filing a petition to receive support or are the party who has been served, our experienced legal team will inform you of all aspects of your case so that you can make the best-informed decision possible. Call 847-392-5893 today to schedule a free consultation and get the legal help you need to guide you through this challenging time.