Tag Archives: spousal maintenance

Illinois divorce lawyer, DuPage County divorce attorneyThe Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/503) defines the division of marital property, marital debt, and any other obligation defined by the court during a divorce and bound by specific procedures. Although Illinois is not a communal property state, it is an equitable division one. At the time of consideration of the division of marital assets and/or debts, Illinois courts will review the overall situation but is prohibited to include any type of marital misconduct, such as infidelity or other damaging factors leading to the dissolution of marriage in their division decisions. The following 12 factors influence the courts in their decision when it comes to fair equity distribution or percentage of marital debt to be satisfied.

Spousal Contributions

The role of the courts is to determine the percentage of spousal contribution that has contributed to the acquisition, preservation or increase, or decrease of all marital or non-marital property. Consideration is also given to which of the partners provided the majority of marital income contributing to an increase in marital assets. The same provision is given to the spouse who has increased the amount of debt throughout the marriage.

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For Illinois residents contemplating divorce this year, recent changes to the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) regarding spousal maintenance may prove a hot topic of discussion with your qualified divorce attorney.

As of January 1, 2015, couples opting for divorce in Illinois will be subject to new standardized rules for calculating the amount and length of court-ordered spousal support or alimony payments. Although this amendment adds a new legal narrative to the financial responsibility of one spouse to another, currently there are no changes in how the court determines whether or not financial support is required.

When entering into the divorce process, both spouses should familiarize themselves with the Illinois Marriage Act to be better equipped to discuss all facets of Illinois family law with their respective divorce attorney, especially when it comes to receiving a fair and equitable outcome when considering financial security.

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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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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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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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