Blog

geneva divorce lawyerMost people are familiar with the concept of alimony, in which one spouse makes payments to the other after a couple gets a divorce. However, the purpose of these types of payments is often misunderstood. Spousal support, which is known as spousal maintenance in Illinois, is not meant to punish or reward either spouse. In fact, the reason a couple’s marriage ended will usually not be considered when determining whether maintenance is appropriate. Instead, spousal maintenance is meant to address any disparity between the parties’ incomes and financial resources. It can help a spouse who earns a lower income maintain their accustomed standard of living and begin taking steps to support themselves.

Factors Considered When Determining Eligibility for Spousal Maintenance

Spousal maintenance will not be awarded in every divorce, and it is usually only appropriate if one party requires financial support to be able to meet their ongoing needs. Spouses may agree that spousal maintenance will be paid as part of their divorce settlement, or a prenuptial agreement may specify that spousal support will or will not be awarded. If the spouses disagree about whether spousal support would be appropriate, the judge in their case will decide whether to award maintenance after considering factors such as:

  • The income earned by each spouse, the marital property distributed to each party, and any separate property owned by either spouse
  • The parties’ ongoing financial needs
  • The standard of living the parties were accustomed to during their marriage
  • Each spouse’s realistic ability to earn an income both currently and in the future
  • Issues that affect each spouse’s employment and financial situation, including their age, health, education, skills, and liabilities
  • Whether the spouse who is seeking financial support has experienced any impairment to their ability to earn an income due to focusing on household or domestic responsibilities, including delaying education or career opportunities in favor of providing care for the couple’s children
  • Whether the spouse who is seeking maintenance will need time to receive education or training in order to pursue employment and become self-supporting
  • Whether the spouse who is seeking spousal support assisted with the other party’s education, training, or career advancement, including through financial assistance or performing services.
  • Whether the party who is being asked to pay spousal support has experienced any impairment of their ability to earn an income at present or in the future
  • Whether decisions about child custody will have any effect on either party’s ability to pursue or maintain employment
  • Any other relevant factors that are just and equitable

Contact Our Geneva Spousal Maintenance Attorney

Whether you believe that you should receive spousal support or do not believe that you should be required to pay support to your former spouse, the Law Offices of Douglas B. Warlick & Associates can advise you on how the law applies to your case. With more than 40 years of experience in family law cases, Attorney Warlick can provide you with representation and make sure that spousal maintenance and other issues are addressed correctly during your divorce. To schedule a consultation and learn how we can help you resolve your legal issues, contact our Kane County spousal support lawyer at 630-232-9700.

Geneva family law attorneyIf you are divorced and receiving maintenance payments from your ex-spouse, you may have come to rely on that money. Maintenance, also known as alimony or spousal support, is intended to help a financially disadvantaged spouse in the years that follow a divorce, so such reliance is rather understandable. There are, however, a few situations in which your actions could cause maintenance payments to end. It is important to understand the law in Illinois so that you can make the best decisions for your future.

Ending Support Obligations

Permanent maintenance—in other words, support for the rest of a spouse’s life—is generally reserved for divorces between spouses who have been married for 20 years or more. For shorter marriages, the court will usually set a specific amount of time for maintenance payments to last. Both situations presume that the court has identified the need for maintenance. When a support order includes an intended end date, payments must continue until that date unless the recipient remarries or either spouse passes away. (It is possible for a divorce settlement to include security provisions in the event of the paying spouse’s death, but that is a topic for another day.) The third situation that could terminate a spouse’s obligation to pay maintenance is if the recipient spouse moves in with a new romantic partner.  

Geneva family law attorneyDivorce is a different experience for everyone who goes through it. The particulars of how a marriage ends can be based on many factors including the financial situation of each spouse, the length of the marriage, if children are involved, and more. If you are planning to get divorced and you are the primary breadwinner of the couple, there are some special considerations that you should take note of.

Spousal Maintenance

Spousal maintenance, also called spousal support or alimony, refers to the payments that the higher-earning spouse pays to the lower-earning spouse after a divorce. Spousal maintenance in Illinois is determined on a case-by-case scenario for couples who have a large discrepancy in either income or life circumstances. If you make significantly more money than your soon-to-be-ex-spouse or they have been out of the workforce for a while, you might have to pay spousal maintenance. The amount the payments will be determined by the length and standard of living of the marriage, the spouses’ income and property, the present and future earning capacity of each spouse, and more. Maintenance payments can be temporary or permanent, but are not required after the person receiving maintenance remarries. 

Geneva divorce attorneyWhen a couple gets divorced in Illinois, maintenance is not guaranteed for either spouse. Also known as alimony or spousal support, maintenance is only ordered by the court if such payments are found to be necessary and appropriate. In some cases, a divorcing couple will agree to maintenance terms on their own, and the court will typically approve these agreements as long as they are reasonable. When left up to the court, however, there must be a demonstrable need on the part of one spouse.

When determining whether award maintenance, the court must take into account more than a dozen factors, including each spouse’s age, health, income, earning potential, the length of the marriage, and the standard of living created during the union. Many of these factors address each spouse’s current situation, but according to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), there two specific considerations that deal with contributions and sacrifices made by a spouse in a supporting role as the primary homemaker or child-raiser.

“Any Impairment…”

Posted on in Spousal Maintenance

Geneva family law attorneyWhen a married couple chooses to end their marriage through divorce, the court may award spousal support to one spouse. Spousal support is sometimes referred to as alimony or spousal maintenance. It refers to payments that one spouse makes to the other in order to help him or her maintain their quality of life after the marriage has ended. Spousal support can be based on an arrangement between the couple, a prenuptial agreement, or a decision by the court itself.

How Is Spousal Support Awarded?

Spousal support is similar to child support in that it is awarded to a person who needs income support from a former spouse. Unlike child support, which in most states is awarded according to very specific guidelines, courts have much more discretion in determining if spousal support is appropriate or not. The court also decides how much spousal support will be awarded and for how long payments will occur. Courts consider the following factors in making decisions about spousal support:

Recent Blog Posts

Categories

Archives

Talk to an attorney now. Call 630-232-9700.
For faster response to after-hours inquiries, please   email us.