Maintenance/Alimony
Illinois Spousal Support
Unlike child support, which the court must enter in accordance with set guidelines, the issue of spousal support has no set guidelines is not mandatory and is left to the court's discretion.
There are many factors which the court may find relevant in analyzing whether or not to order maintenance, but most important is the length of the marriage, the age of the parties and their comparative wages and wealth.
The shorter the marriage, the younger the parties and the more equal their incomes, then the less likely it is that the court will order maintenance.
Making sure that spousal maintenance is calculated fairly.
Spousal Support Available in Illinois
- Temporary maintenance — This is awarded during the pendency of a divorce case. Temporary Orders terminate with the entry of a final order for dissolution.
- Permanent maintenance — This is long-term spousal support and can last until the receiving spouse dies or remarries or until the paying spouse dies, retires or becomes disabled.
- Rehabilitative maintenance — This type of maintenance is typically awarded for a set period of time during which the receiving spouse is expected to utilize the maintenance funds to put themselves in a position where maintenance is no longer needed.
- Reviewable maintenance — This type of maintenance is typically awarded for a set period of time after which the Court may consider whether additional maintenance is needed.
It is the goal of the court in every divorce case to sever the financial entanglement of the parties. If the marital estate is large enough, the court will award additional property instead of maintenance.
In order to receive spousal support you must have been a spouse. Palimony is the concept whereby you can receive support from a former roommate that you were never married to. This concept originated in California and has no basis in Illinois Law.
Contact an Alimony Attorney About Spousal Maintenance ( Alimony)
If you have questions about spousal maintenance in Illinois, contact Wakenight & Associates, P.C.
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