Tag Archives: maintenance

guaranteed maintenance, Illinois divorce lawyerSometimes a life insurance policy may be the most valuable asset in an Illinois divorce.

A life insurance policy may be used to guarantee maintenance paid to a spouse as the result of a divorce.  If a husband dies, his surviving, former spouse will receive his life insurance proceeds as payment of his maintenance obligation.

In Illinois, what can I do in my divorce if my soon-to-be ex-husband is ordered to pay me maintenance, but he refuses to make me beneficiary of a life insurance  policy on his life to guarantee my maintenance?

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Martoccio & Martoccio, palimony, alimony, maintenance, Illinois family law attorney, financial support, Spousal Support, spousal maintenance, post-separation supportRecently, various states have decided that long-term unmarried couples can request support from one another when they separate. This type of after-separation support is called palimony. Palimony is payment provided by one partner of an unmarried couple to the other when the relationship ends. It can also include the division of assets acquired during the relationship. Palimony is available in some states for long-term couples that never officially married, but were in a relationship similar to marriage.

Palimony is a variation of alimony. Alimony is the financial support provided by one spouse to the other after they divorce. It is only available to couples that were married before they separated. In Illinois, alimony is called maintenance. Illinois does not recognize palimony; regardless of how long a couple has been together they cannot collect post-separation support unless they were married.

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veteran divorce lawyerReason 6:  Divorce law varies from county to county within the State of Illinois.

One example of county to county variables in Illinois is maintenance includes the following: Some counties are more favorable to the wife who receives maintenance while others favor husbands who pay maintenance. Likewise, there are no guideline like there is for child support in determining the length of time maintenance is paid by one spouse to another.  In some Illinois counties, such as McHenry County, the divorce judges use the length of the marriage as a rule of thumb formula for how long maintenance is awarded in a divorce case.

Removal cases are yet another example of how divorce law has varied depending the county where the case is heard. Illinois law 750 ILCS 5/609(a) states that a party seeking to remove the minor child (children) or move out of state permanently, must ask for leave of court to remove the child. There have historically been differences between when a Cook County versus a DuPage County court in granting permission to the mother or custody parent to relocate a child's residence to another state. This is known as a "removal case." The circumstances or facts permitting or denying removal have historically varied from one Illinois county to another.  See "Have Kids, Might Travel: The Need for a New Roadmap in Illinois Relocation Cases; Cagle, Lance."

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illinois spousal maintenance lawyer"I will soon be in Illinois divorce court and be ordered to pay maintenance (alimony) to my wife both during the divorce and quite possibly after the divorce. I would like to avoid the embarrassment of having everyone in my company know that there is a withholding order in place requiring my employer to withhold money from my salary to pay my wife maintenance (alimony). It makes me look like a deadbeat when I have never missed a payment to her. Instead, I would like to make the payments directly to my wife. Is this possible?" Under the Illinois Income Withholding for Support Act [750 ILCS 28/20 (a)(1)], you can make the direct payments but only if you and your ex wife (or soon to be ex wife) agree in writing to direct maintenance payments to her. You both must sign the written agreement as well. The Illinois Income Withholding for Support Act applies to alimony or maintenance payments whether temporary maintenance or permanent maintenance. Even then, the order requiring you to pay maintenance must provide that an income withholding notice is to be prepared and served upon your employer if you become delinquent in paying maintenance. (c) "Delinquency" means any payment, including a payment of interest, under an order for support (maintenance) which becomes due and remains unpaid after entry of the order for support. 750 ILCS 28/15(c). In other words, if you make an agreement to pay directly in writing and both of you sign it, if you miss a maintenance payment or make a late payment, the written agreement is off and your employer will withhold maintenance from your pay for all future maintenance payments. Contact an Illinois maintenance attorney at the law office of Martoccio & Martoccio. Call 630-920-8855 for a free initial consultation.

illinois alimony attorney"I was married for 25 years until my husband hooked up with the younger woman and divorced me. I was granted permanent maintenance [alimony] , now he is trying to terminate that because I have been living with a boyfriend. Can he still be in such control of my life?"

"Alimony" what is now called Illinois spousal maintenance can be granted to a divorced spouse in amounts and for periods of time as the court deems just, without regard to marital misconduct, for a fixed or indefinite periods of time, after consideration of all relevant factors (750 I LCS 5/510). This grant of authority gives an Illinois divorce judge broad power to grant "rehabilitative maintenance," or "permanent maintenance."

Rehabilitative Maintenance

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