Basics of Spousal Maintenance

 Posted on October 07, 2012 in Alimony / Maintenance

Maintenance, formerly known as alimony, is not mandatory in Illinois like child support is. There is no guarantee when you are going through a divorce that you will either have to pay or receive maintenance. The Illinois statute that governs  that maintenance is 750 ILCS 5/504 (from Ch. 40, par. 504). The law states that maintenance may be granted "...without regard to marital misconduct, in gross or for fixed or indefinite periods of time, and the maintenance may be paid from the income or property of the other spouse after consideration of all relevant factors..." The court considers the following factors when deciding what, if any, maintenance will be granted according to the following:  

1. The income and property of each party.
2. The needs of each party.
3. The earning capacity in the present and in the future for each party.
4. Any impairments to those future earnings due to domestic responsibilities, foregone or delayed education, training, employment or career opportunities, as a result of the marriage.
5. The time necessary for that party to obtain the necessary training or education in order to be able to support himself or herself.
6. The standard of living the parties obtained during the marriage.
7. The length of the marriage.
8. The age and physical and emotion health of both parties.
9. Tax consequences of any property division.
10. Contributions of one party to the other party’s education, training or career success.
11. Any prior valid agreements between the parties.

There are three types of maintenance that the court can award: temporary, permanent or rehabilitative. Temporary payments are for a definite period of time. Permanent payments are indefinite, typically ending only in the death or the remarriage of the recipient. Rehabilitative maintenance is typically a set period of time and ends once the recipient is able to support themselves, such as through education or training. If you are going through a divorce, you need to protect your assets and protect your rights. Hire an experienced Kane County divorce attorney to make sure you receive all that you are entitled to in your divorce case.