In a divorce, there are many questions. Who will get the house? What about child support? Will I need to pay spousal maintenance, also known as alimony?
Below are some critical things about divorce and spousal maintenance in Illinois. Have questions about divorce and spousal maintenance? Then, contact Cook County spousal maintenance attorney Michael C. Craven for assistance with your situation.
Spousal Maintenance Rules Are Gender Neutral
In Illinois, maintenance is the term usually used for alimony. Spousal maintenance is the money your ex must pay you when there is a divorce. The idea behind maintenance is to help you support yourself financially after the split.
There are several kinds of spousal support. It also is essential to know that the Illinois maintenance statute is gender-neutral. This means that either partner, regardless of their gender, can be awarded spousal maintenance. It depends on the parties’ income, assets, and other factors.
Types Of Spousal Maintenance In Illinois
Judges in this state may award temporary spousal support during the divorce process. Either partner may file a petition that requests spousal maintenance. The petition must include details that explain why spousal support is needed. Some of the documents that can be used as supporting materials are:
- Tax returns
- Pay stubs
- Bank statements
- Investment account statements
The other primary type of spousal maintenance is long-term spousal support. There are three types:
- Fixed term: The divorce court names a termination date when the spousal maintenance payments stop. After that date, the partner can no longer receive payments.
- Indefinite; The court finds that spousal maintenance is needed until the amount is changed because of changes in financial circumstances or ended because of a termination event such as death of a party, remarriage, or the receiving party’s cohabitation with another person.
- Reviewable: The court gives one partner alimony for a defined period. Thereafter, the court reviews each party’s then financial circumstances. At that time, the divorce court may renew, modify, or cancel alimony payments.
How Spousal Maintenance Is Determined In Illinois
The divorce court must first determine if alimony is appropriate. If so, the judge may consider these factors:
- Each person’s income
- What each party needs financially
- The realistic earning potential of each spouse
- Any challenges to present and future ability to earn income, such as education or domestic obligations
- The time required for the partner who wants maintenance to obtain necessary education or skills training
- What the couple’s standard of living was during the union
- How long the marriage lasted
- Age, job, health, and income of the spouse seeking maintenance
Contact A Cook County Spousal Maintenance Attorney
Are you going through a divorce? This is one of the most challenging experiences for married couples. When there are questions about spousal maintenance, divorce can be even more painful and contentious. But, with the help of a Cook County spousal maintenance attorney, the process can be more manageable.
Michael C. Craven is a highly skilled and experienced spousal maintenance attorney who can assist you with your divorce. He is proud to represent individuals in Cook County in Chicago, Deerfield, Glencoe, Highwood, Lake Forces, Northbrook, Evanston, and many other communities. Please contact attorney Michael C. Craven now about your spousal maintenance issue in divorce.
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