If you're considering a divorce in Illinois, the financial impact is likely one of your biggest concerns. Divorce can strain finances, regardless of income level. For spouses who have been financially dependent during the marriage—whether they stayed home to care for children or worked less—it can be especially challenging to transition to financial independence. In situations where one spouse's financial security is at risk post-divorce, spousal support—also called maintenance—may be awarded to help maintain their standard of living.
While maintenance is less common today due to the increasing prevalence of dual-income households, it remains a key factor in divorces where there is a significant financial disparity between spouses. Whether you're seeking maintenance or may be required to provide it, understanding the law is critical. At The Diggs Law Firm, we can guide you through the complexities of support and maintenance. Contact us or schedule a consultation today. Our team is here to provide clear, honest answers and to advocate for your financial rights during this important time.
Understanding Maintenance in Illinois
Spousal support, spousal maintenance, and alimony are all terms used to describe a situation where one spouse pays another spouse a court-ordered payment for a certain amount of time during or after a divorce. In Illinois, these payments are referred to as maintenance.
Spouses can agree on maintenance, but the end result must be fair. If you fail to agree, the spouse seeking support must file a formal notice with the court to request maintenance.
Maintenance can be temporary or permanent, the former of which is the norm. It can also be a lump-sum versus periodic monthly payments, the latter of which is the norm. Further, maintenance is not always in the form of money but can include a property transfer. Both lump-sum payments and property transfers are non-modifiable once the order is issued. That means if circumstances change, the maintenance will not change. However, when it is in the form of periodic payments, maintenance is modifiable.
Factors Determining the Amount of maintenance
The circumstances of the spouses going through a divorce will determine both the amount and the duration of maintenance payments. Some of the most important factors that might influence maintenance include but are not limited to:
- The length of the marriage
- Age of the spouses
- Mental or physical condition of each spouse
- The income disparity between the spouses
- The likelihood that the financially-dependent spouse can secure a well-paying job
- Professional skills or educational accomplishments of the dependent spouse
- The couple's standard of living during the marriage
- Individual assets of each spouse
- How long it would take for the dependent spouse to become self-sufficient
- Any children and if child support will be needed
As mentioned above, you and your spouse can determine the amount by an agreement without interference of the court, keeping in mind it must be fair.
Termination of maintenance in Illinois
An end date can also be determined by agreement between the spouses, but if not, the court will determine it. Other times or in lieu of an end date, spousal support may terminate if one of the following occurs:
- The supported spouse remarries or cohabitates; or
- Either spouse dies.
A significant event may occur, too, which prompts an end to maintenance. In that case, it's determined on a case-by-case basis. Regardless of the reason to terminate maintenance, evidence may need to be provided to support the reason for termination.
Maintenance Enforcement in Illinois
Once a maintenance order is signed by a judge, it is enforceable. Most times, payment is set up through the employer and automatically sent to the supported spouse. Other times, the paying spouse pays the supported spouse directly. The arrangement of spousal support payments will be included in the order.
If the paying spouse fails to pay, they can be held in contempt of court and could face fines and penalties. The supported spouse can file a show-cause action with the court and a hearing will be set.
Contact an Illinois Maintenance Lawyer Today
If you are seeking a divorce, you should always get the advice and guidance of a divorce lawyer. At The Diggs Law Firm, our family law lawyer will provide the support and representation you need, including your efforts to obtain, argue against, or modify maintenance. Contact us or schedule a consultation today.