The basics of spousal maintenance in Illinois law

 Posted on February 28, 2013 in Spousal Maintenance

Often times in divorce or legal separations in Illinois, family circumstances call for reason that one spouse should receive support payments from the other after the couple goes their separate ways. Spousal maintenance, also called spousal support or alimony, is a continual transfer of money from one former spouse to the other, typically on a monthly basis, as required by the divorce decree. Spousal maintenance is not automatic and is different than and separated from child support payments. In divorce negotiation, parties may decide upon a settlement that includes a spousal maintenance provision, which then must be approved by the court. That settlement then becomes a part of the divorce decree. If the alimony arrangement is not severely unreasonable considering financial realities, it will generally be approved by the Illinois courts. If the court decides that the agreement is unreasonable, it has the power to ask the parties to renegotiate or give the judge the power to create an alimony arrangement. If the spouses are still unable or were never able to reach an agreement on the spousal support, the judge will determine what is appropriate under the circumstances and create the payment amounts, duration and schedule. Maintenance can be set for only a set time, indefinite, or set for later review. The parties get a chance to submit evidence that is relevant to alimony to the court. Factors relevant in deciding alimony include:

• Property and income available to each party
• Each party’s needs
• Current and future earning capacities
• For the spouse seeking maintenance: effect on earning capacity of time spent in marriage performing “domestic duties” or giving up career and educational opportunities for sake of the marriage
• For spouse seeking maintenance: length of time to get training, education and job to support him or herself or if that spouse has responsibility of children whose needs prevent spouse from working
• Marital standard of living
• How long the marriage lasted
• Each spouse’s age and “physical and emotional condition”
• Tax concerns
• Contributions of the spouse asking for alimony to the career of the other spouse
• Valid agreements between spouses
• Other factors that judge considers valid

Illinois maintenance laws state that courts may not consider “marital misconduct” in the consideration of alimony. There are many fine lines and small details that come along with divorce, so if you are considering or are going through a divorce, contact a family law lawyer today. Located in Warrenville and Wheaton, Illinois, the Davi Law Group can help you through all the details of your divorce.