Dated: March 18, 2021

Spousal Maintenance (Alimony) in Illinois

What is Spousal Maintenance?

Spousal maintenance, or alimony as it was formerly called, consists of payments, from one spouse to the other, after a divorce or legal separation. The payments can be permanent or set for a specific amount of time or can even be a lump sum one-time payment. In Illinois, the law provides a default formula to calculate maintenance by using the income of each party. Accordingly, the parties can simply agree to use the guideline calculation amount. If the parties do not agree, the judge will decide first whether maintenance is appropriate, and if so, what the amount and duration of payments should be. A main factor the judge considers is the livelihood of the affected spouse, so that he or she can live close to the same lifestyle they enjoyed during the marriage. Payments are made to help pay for necessities such as food, clothing, utilities, medical care, and housing. Spousal maintenance payments are separate from child support payments. Spousal maintenance must be sought out during the divorce proceedings, a party cannot ask for it after the divorce is finalized unless it is specifically reserved.

Spousal Maintenance Payments

The amount of spousal maintenance an individual will receive depends on several different aspects. To begin, spousal maintenance payments depend on age as well as physical and mental health. Another big factor is his or her ability to obtain employment sufficient to maintain a lifestyle similar to how they were living life before the marriage, if they were dependent on their ex-spouse, payments will likely be granted. Lastly, the division of marital assets and debts, occurrence of abuse, and the earning ability of the petitioning spouse, are all considered when determining spousal maintenance payments. The length of the marriage typically determines the duration of maintenance payments.

Duration Types of Spousal Maintenance

In Illinois, not all maintenance payments are the same. Spousal maintenance is broken down into three categories, fixed-term, reviewable, and indefinite. Temporary maintenance is paid during the pendency of the divorce case, these payments may be applied to post-divorce maintenance if a good reason exists. Spousal maintenance ends either after the fixed term expires or the paying spouse petitions the court to have it reviewed or terminated, which is generally when the petitioning spouse is able support themselves.

Temporary Spousal Maintenance:

Granted during the time of the proceedings to allow the spouse to continue living the life they are accustomed to; spousal maintenance stops after the divorce is final. See above.

Short Term Spousal Maintenance:

If the petitioning spouse is in school or an education program to better themselves or is seeking gainful employment, what is referred to as rehabilitating his or herself, they may receive reviewable maintenance. Once the petitioning spouse has their feet under them, the payments will end.

Indefinite Maintenance:

Also known as permanent maintenance, is given to individuals that cannot afford to live on their own or support themselves due to their specific circumstances after a divorce. Indefinite payments are often ordered in long-term marriages, 20 years or more, and the payee spouse was a stay-at-home parent and homemaker, therefore permitting the other parent to work fulltime to provide the entire family’s income.

Family Law Attorney

Knowing if you are eligible for spousal maintenance, and if so, how long, can be a confusing process. Jean Butler, a family law attorney at Prime Law Group LLC, can help you make sense of this situation. Give Jean a call if you have a question regarding spousal maintenance or any other family law matters.