Tag Archives: rehabilitative maintenance

IL divorce lawyerAlimony, also referred to as spousal support or maintenance, is often a point of contention amongst spouses who are going through a divorce. The paying spouse may feel like they are being asked to give more than they can afford or more than what their husband or wife deserves or needs, and the receiving spouse probably feels the opposite. As the lower-earning spouse, they might have given up their own goals to support the career of their spouse or to be a homemaker or primary caregiver for their children. Now that divorce is imminent, they have financial needs that they cannot meet on their own. Contrary to popular belief, permanent alimony is rarely awarded. Alimony is usually temporary and comes in the form as bridge the gap alimony, which helps keep the lower-earning spouse afloat during divorce, or rehabilitative alimony.

What Rehabilitative Alimony Is Used For

Rehabilitative alimony is awarded at a set amount for a period of time long enough for the lower-earning spouse to complete a bachelor’s or advanced degree or finish up specific job training. It can be used for tuition, books, non-college educational or training classes, vocational training, and other expenses such as food, rent or mortgage, and other expenses that the spouse would normally have during this period of ”rehabilitation.”

Alimony Is Awarded to Provide a Lower Earning Spouse The Means to Self Sufficiency

One of the general goals of alimony is to provide the lower-earning spouse the ability to support the lifestyle they grew accustomed to during the course of the marriage. There are a variety of reasons that the lower-earning spouse might struggle to support themselves in the months or years after the marriage is dissolved. These include the following:

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 illinois spousal maintenance, Martoccio & Martoccio, spousal maintenance, Spousal Support, standard of living, DuPage County divorce lawyer, rehabilitative maintenance, temporary maintenance, permanent maintenanceWhen getting a divorce, a common concern for a spouse is that he or she may not be able to support themselves or maintain the same standard of living they had during marriage. In Illinois, under the Illinois Marriage and Dissolution of Marriage Act, when a marital couple divorces, either spouse may request maintenance, (also known as “spousal support” or “alimony”).

Maintenance is distinct from child support. A court may order that maintenance be provided to a spouse when it is determined that they need the financial assistance or support. The amount or type of maintenance that a court may order usually depends on the length of the marriage, and the ability (or lack thereof) of a spouse to maintain the same standard of living as during the marriage.

The following are various types of maintenance:

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