Alimony or spousal maintenance refers to financial support that one spouse pays to the other spouse after divorce. “Temporary relief” spousal maintenance orders may also be ordered for the duration of the divorce proceedings. If you are getting divorced and you are concerned about the financial implications of the split, you may want to consider seeking financial assistance in the form of spousal maintenance. Read on to learn about when and how spouses may receive maintenance in an Illinois divorce.
Reaching a Spousal Maintenance Agreement with Your Spouse
Some spouses reach an alimony agreement long before they file for divorce. If you and your spouse already agreed on a maintenance arrangement in a valid prenuptial agreement or separation agreement, the terms of this agreement will likely be upheld by the court. However, if you have not already made these arrangements, you may need to negotiate a maintenance agreement as part of your divorce settlement. Your divorce lawyer may be able to help you reach an arrangement that you can both agree on. Divorce mediation may be another avenue for negotiating a spousal maintenance agreement.
Petitioning the Court for a Spousal Maintenance Award
If you and your spouse cannot reach an agreement about maintenance terms, the court may step in and decide for you. Illinois courts do not award maintenance in every divorce case. Maintenance is awarded when spouses’ financial, employment, and life circumstances justify these payments. The court will consider the duration of your marriage, the standard of living experienced during the marriage, your employability, your spouse’s ability to pay maintenance, and several other factors. If maintenance is deemed appropriate, the court will use a statutory formula to determine the amount of maintenance that you will receive.
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