Spousal Maintenance in Illinois

 Posted on May 26, 2013 in Divorce

Although many states refer to alimony as the payment from one spouse to a former spouse after the marriage has been dissolved, in Illinois this is known as maintenance. This is  different from child support, which is payment made from one parent to a another to help with the costs associated specifically with children. If you're thinking about how maintenance might play out in your situation, you need guidance from an attorney on the matter. There are essentially four types of maintenance in the state of Illinois.

1. The first is permanent maintenance, which may be given if one spouse is deemed unable to cope financially after the divorce. 
2. The second type is known as temporary maintenance, which can be awarded in the short term while the dissolution of the marriage is still happening. 
3. Rehabilitative maintenance is given where the court expects that the other party will eventually be able to return to a normal lifestyle and obtain employment. This type of maintenance is awarded in the short term with the expectation that the party will eventually be on their feet again. 
4. Finally, reviewable maintenance is a sort of "follow up" award, where the court has the right to review the case and determine if the party receiving maintenance is still in a position requiring support.

The court reviews numerous factors when determining what kind of maintenance works in each individual case. These factors include the total length of the marriage, the age of the divorcing parties, the health of each person, whether there are children involved and if so, which parent is likely to be physically responsible for the children, and each party's ability to receive income and have access to assets. All of these factors are taken into consideration. If you have further questions about the alimony/maintenance process in Illinois, contact an attorney to discuss your case.

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