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Alimony has a reputation for being one of the most contentious parts of a divorce - and of remaining contentious for many years after a divorce is finalized. Also known as spousal support or spousal maintenance, alimony in Illinois is less common than it used to be but is still a part of many divorce agreements.
As couples are increasingly encouraged or even mandated to use mediation or other alternative dispute resolution methods to keep their divorce negotiations out of court, negotiating an alimony agreement that feels fair to both parties is much easier with the help of a skilled family law attorney. Read on to learn about the four types of alimony in Illinois and then contact our experienced alimony attorneys for help with your case.
Temporary maintenance is meant to support a recipient during the divorce proceedings. Many spouses feel trapped in unhappy or abusive marriages because they are unable to support themselves independently; the possibility of temporary maintenance offers these people a path forward. Temporary maintenance is not automatic and must be requested.
Fixed-term maintenance lasts for a specific period of time and then terminates without the chance of renewal. Fixed-term maintenance is most often granted to a spouse who gave up career opportunities to take care of the children and family home, especially at the expense of pursuing a career. Fixed maintenance gives the spouse time to pursue an education or get the career experience necessary to become financially independent.
Reviewable maintenance is almost the same as fixed-term maintenance, except that instead of being ordered for a specific time period, payments will be reviewed periodically to determine their continued appropriateness. If a judge decides that maintenance is no longer necessary, he or she can terminate it. Reviewable maintenance is often awarded when a spouse cannot immediately begin the process of becoming financially independent because he or she is still raising young children and some flexibility in the timeline is required.
Also known as indefinite maintenance, permanent alimony is only available to spouses whose marriage lasted more than 20 years. Although this type of maintenance is called permanent, like any other type of maintenance it will end if one spouse dies, gets remarried, or moves in with a new partner.
Anticipating spousal maintenance can be a major uncertainty in your Illinois divorce. Whether you expect to pay or receive spousal maintenance payments, an experienced DuPage County alimony attorney with Law Office of Martoccio & Martoccio can help you negotiate fair payments and make a strong case before a judge if necessary. Call us today at 630-920-8855 to schedule your initial confidential consultation.