How Can I Get Spousal Maintenance in Illinois?

 Posted on May 26, 2021 in Maintenance

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.

Maintenance payments are usually temporary, but there are some cases in which Illinois courts order permanent maintenance. Typically, the duration of payments is based on the length of the marriage. The longer you were married, the longer you will be entitled to maintenance. Spousal maintenance ends if you get remarried or if the paying spouse passes away. If you cohabitate with a romantic partner, the paying spouse may ask the court to terminate maintenance payments.

Contact an Arlington Heights Alimony Lawyer

If you are getting divorced and you are concerned about the financial impact of the split, you may want to pursue financial support in the form of spousal maintenance or alimony. Contact an Illinois spousal maintenance lawyer at A. Traub & Associates for help. Call 847-749-4182 for a confidential consultation.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K504