Types of Alimony Available to Illinois Couples

 Posted on June 03, 2015 in Alimony / Maintenance

Before you begin the divorce process, it is important that you understand all the components that come with a divorce. In addition to dividing your property and assets and working out custody and support agreements for your children, you might be curious about spousal maintenance. Spousal maintenance is discussed in the Illinois Marriage and Dissolution of Marriage Act.

Spousal maintenance, also known as alimony, is the payment plan that the court sets up to create a financial safety net for the lesser-earning spouse after a couple divorces. When an individual sacrifices his or her career by taking less rigorous work or opting out of the workforce altogether to focus on the couple's children and household, he or she is at a significant disadvantage when the couple divorces.

Not all spousal maintenance agreements are the same. Today, few partners receive permanent maintenance, which is regular support for the remainder of the receiving spouse's life. This is because today, both men and women are expected to work outside the home. Instead, most modern spousal maintenance agreements are designed to provide the lesser-earning spouse with the financial support he or she needs to seek vocational training or a college degree in order to support him or herself.

Three Types of Spousal Maintenance

In Illinois, the court generally awards one of the following types of spousal maintenance. The type that it deems appropriate for an individual couple depends on both partners' needs and available resources.

• Rehabilitative Maintenance: With this type of maintenance, the paying spouse supports the receiving spouse while he or she takes the steps necessary to return to the workforce. The court may put a specific time limit on this type of support.

• Permanent Maintenance: This type of maintenance can last until either partner's death or until the receiving spouse remarries or lives with a new partner. It is intended for couples where one partner is either unable to work or has been out of the workforce for so long that he or she can not successfully reenter and support him or herself.

• Temporary Maintenance: This type of spousal maintenance lasts while the couple's divorce is pending. Once the divorce is final, this financial obligation is eliminated. It may be replaced with another spousal maintenance obligation, either rehabilitative or permanent maintenance.

Eliminating Spousal Maintenance Payments

If either spouse experiences a significant change in his or her financial circumstances, spousal maintenance payments may be eliminated. Significant changes can include remarriage, job loss, disability, or retirement. Generally, it is the paying spouse's responsibility to seek a modification of his or her support obligation from the court and prove that either party's financial circumstances have changed.

Experienced Divorce Attorneys in Kane County

Goostree Law Group proudly serves divorcing couples in Kane county by providing top-quality legal representation and advice. Contact us today at 630-584-4800 or on the web to schedule your free legal consultation with one of the dedicated Kane County divorce attorneys at our firm.