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Alimony/Maintenance in Illinois

If you are in the process of getting a divorce in Illinois and are either seeking alimony or being asked to provide alimony, it is important to note that there are several factors a court will consider when determining whether or not to award spousal maintenance.

What do the courts consider when deciding to award spousal maintenance?

Illinois courts consider the following 12 factors:

1. The income and property of each party.
2. The needs of each party.
3. The present and future earning capacity of each party.
4. Any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having foregone or delayed education, training, employment, or career opportunities due to the marriage.
5. The time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment, and whether that party is able to support himself or herself through appropriate employment or is the custodian of a child making it appropriate that the custodian not seek employment.
6. The standard of living established during the marriage.
7. The duration of the marriage.
8. The age and the physical and emotional condition of both parties.
9. The tax consequences of the property division upon the respective economic circumstances of the parties.
10. Contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse.
11. Any valid agreement of the parties.
12. Any other factor that the court expressly finds to be just and equitable.

Is alimony always part of the divorce process?

No. In Illinois, there is no requirement that one spouse make payments to the other spouse after the divorce. However, if one spouse cannot provide for him or herself and the other spouse has the means to provide for both, spousal maintenance (as it is called in Illinois) may be ordered by the court.

Is alimony the same as child support?

No. Child support is a completely separate award from spousal maintenance. As the names imply, child support is financial assistance for the support of the children while spousal maintenance is for the spouse.

Must the paying spouse always pay the same amount?

No. If the paying spouse experiences a change in circumstances, he or she may ask the court to modify the maintenance. Depending on the circumstances, the court will either reduce the monthly amount or cancel payments altogether.

Also, note that maintenance can be permanent or temporary and may also be rehabilitative. Permanent maintenance will last until the other spouse dies or remarries. Temporary maintenance is for a fixed period. Rehabilitative maintenance is designed to help the other spouse become financially independent. In some cases, rehabilitative maintenance is for a fixed period, providing an incentive to the receiving spouse to obtain employment. In other cases, where there is doubt about the receiving spouse’s ability to become self-supporting, rehabilitative maintenance may be granted without a fixed end date but there will be periodic reviews where the burden is on the receiving spouse to show why support should continue.

If the receiving spouse doesn’t try hard enough to find a job, can the court cut maintenance?

Yes. In some instances of rehabilitative maintenance, if the court finds that the receiving spouse has not made a ‘good faith’ effort to become financially independent, it can decide to terminate maintenance altogether.

Now what?

Talk to a lawyer. With so many factors that are considered in awarding spousal maintenance – financial, relationship history, prior agreements – it is best to talk to someone who has handled many divorces like yours and can identify issues you may have not considered. A good Illinois divorce lawyer will listen to you and your situation and help you find the course of action that is best for you and your ex. Contact us. We are free and we are confidential. We can recommend a divorce lawyer in your area who will be a good fit for your case.