Tag Archives: spousal maintenance

 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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illinois spousal support lawyerEvery once in a while, after a couple has divorced or legally separated, financial circumstances may lead to one of the spouses receiving payments from the other for a set period of time. Legally defined, spousal support, also referred to as spousal maintenance or alimony, is the “transfer of money or assets from one spouse to another after a divorce.” There are different forms of support, some of which can last for only a few months, several years, or until the death of one of the two parties.

Spousal support exists is order to prevent a divorced spouse from suffering a decrease in their standard of living. In many marriages, only one spouse is actively employed, while the other is either untrained or has been out of the workforce for so long that it would be nearly impossible for them to get a job that would allow them to keep up with their previous standard of living. After the divorce, the untrained or unemployed spouse receives payments from the other party for a certain amount of time, sometimes just until they have attained a job that will allow them to keep up with the standard of living experienced during the marriage.

The courts consider various factors when granting spousal maintenance, some of which include the following:

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