Alimony In Illinois: How Spousal Support Works in Divorce Cases

Divorce proceedings are very emotionally and financially difficult, especially when determining spousal support or maintenance. In Illinois, alimony, referred to as “spousal maintenance,” is governed by specific laws and guidelines aimed at ensuring fairness and equity for both parties involved. Understanding how spousal maintenance is calculated in Illinois is crucial for individuals navigating divorce proceedings in the state.

Legal Framework In Illinois

In Illinois, spousal maintenance is governed by the Illinois Marriage and Dissolution of Marriage Act (IMDMA). According to IMDMA, spousal maintenance may be awarded to either spouse based on various factors, including the income and needs of each party, the duration of the marriage, the standard of living established during the marriage, and the earning capacity of each spouse, among others.

Types Of Spousal Maintenance In Illinois

In Illinois, different types of spousal maintenance arrangements may be awarded depending on the circumstances of the case. Permanent maintenance may be awarded in long-term marriages where one spouse is unable to become self-supporting due to age, disability, or other factors. Temporary maintenance, on the other hand, might be awarded during the divorce proceedings to provide support until a final determination is made.

Calculating Spousal Maintenance

Unlike child support, which often follows specific guidelines, calculating spousal maintenance in Illinois can be more discretionary. Courts consider various factors when determining the amount and duration of spousal maintenance, including the length of the marriage, the income and earning potential of each spouse, the contributions of each spouse to the marriage, and any other relevant factors deemed appropriate by the court.

Factors Considered By Illinois Courts

Illinois courts consider a range of factors when determining spousal maintenance awards. These financial factors include the income and property of each spouse, the needs of each spouse, the present and future earning capacity of each spouse, any impairment of earning capacity due to domestic responsibilities, the time necessary for the recipient to acquire education or training to become self-sufficient, the standard of living established during the marriage, the duration of the marriage, the age, health, and employability of each party, and any other relevant factors.

Modification And Termination Of Spousal Maintenance

Spousal maintenance orders in Illinois may be subject to modification or termination under certain circumstances. If there is a substantial change in circumstances, such as a significant change in either party’s income or financial situation, the court may modify the maintenance order accordingly. Spousal maintenance may also terminate upon the death of either party or the remarriage of the recipient spouse unless otherwise specified in the divorce decree.

Enforcement Of Spousal Maintenance Orders

Ensuring compliance with spousal maintenance orders is essential for the financial stability of the recipient spouse. Illinois courts have various mechanisms in place to enforce spousal maintenance orders, including wage garnishment, income withholding orders, contempt proceedings, and other legal remedies available under state law.

Call Our DuPage Alimony Lawyers For A Consultation

In Illinois, how long you’ve been married greatly impacts things like spousal maintenance, property division, and many other parts of the process. The DuPage alimony lawyers at Gordon & Perlut, LLC can help you through the complexities of alimony. With strong legal representation, you can face the challenges of ending your marriage with confidence and move forward. Contact our Chicago divorce lawyer at 847-329-0101 or 312-360-0250 to arrange your free phone consultation.