b2ap3_thumbnail_shutterstock_150954545.jpgFinances are one of the main reasons that people choose to stay in marriages that are no longer healthy, sustainable, or enjoyable. A major concern of low-income or no-income partners, in particular, is how they would financially support themselves if they divorced their income-earning spouses.

While spousal support is not a promise in every divorce case, it is possible that maintenance may be part of the final divorce decree. The best way to find out if you are eligible for spousal support during an Illinois divorce is to contact a local divorce attorney.

What Exactly is Maintenance in Illinois?

You may have heard of the term alimony before. However, in the state of Illinois, the law does not refer to anything by the name of alimony. Instead, Illinois law uses the term spousal maintenance to refer to financial support a spouse pays to the other spouse.

Spousal support or spousal maintenance may be pre-arranged through a prenuptial agreement or postnuptial agreement. Alternatively, a divorcing couple may negotiate a spousal maintenance agreement during the divorce process. The court also has the authority to order spousal maintenance.

How Are Spousal Support Payments Determined?

Spousal maintenance can help a spouse avoid devastating economic difficulties following the legal dissolution of a marriage. Illinois courts award spousal maintenance on a case-by-case basis. If the court determines maintenance, a statutory formula is used to decide how much support the recipient spouse receives. The duration of the maintenance payments is typically based on the duration of the marriage.

In most cases, spousal maintenance is intended to be rehabilitative. The extra income gives the recipient time to gain adequate employment and become financially independent. However, in long-term marriages, permanent spousal maintenance may be available. Spousal maintenance obligations terminate if the recipient spouse remarries or cohabitates with a romantic partner or if the paying spouse passes away.

Call a Crystal Lake, IL Divorce Lawyer

Are you involved in a divorce case and wondering if spousal support is an option available to you? Reach out to Botto Gilbert Lancaster, PC today by calling 815-338-3838.

Our McHenry County divorce lawyers have years of experience representing both spouses who are seeking maintenance and partners who are looking to minimize the likelihood of having to pay spousal support for years to come. No matter which situation applies to you, our law firm offers free consultations to people in Illinois in search of a credible and trustworthy divorce attorney.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm

 

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