What is Spousal Support in Illinois?

Updated on November 6, 2023
Updated: October 4, 2023

Spousal support in Illinois, also known as alimony or maintenance, is a form of financial assistance that one former spouse provides to the other after divorce. Its purpose is to offer financial stability to an ex-spouse who may have experienced financial hardships as a result of the divorce. Spousal support can be temporary or permanent.

If you're getting divorced in Illinois and think you might qualify for spousal maintenance support, talk to a spousal support attorney at Tommalieh Law to learn more about your rights and the maintenance award process. Call today at (708) 232-0017 to schedule your free consultation!

Types of Spousal Support in Illinois

In Illinois, spousal support, or alimony payments, are determined by the court based on factors such as marriage length, income, assets, and contributions to education or career advancement. There are three types of maintenance in Illinois based on marriage length.

Temporary Maintenance

Temporary maintenance is a form of spousal support that is ordered by the court in Illinois to provide economic assistance to one spouse during the divorce process. This type of support is meant to help the recipient maintain an appropriate standard of living until a final judgment of dissolution of marriage has been entered.

a pen next to a spousal support form

In Illinois, temporary spousal maintenance payments are based on a formula and take into account factors such as each spouse's net income, the length of the marriage, and the recipient spouse's reasonable needs.

Permanent Alimony

Permanent Spousal Alimony or indefinite maintenance in Illinois is awarded to a spouse who can't financially support themselves after a divorce. The duration of payments is indefinitely or until the court decides to end it.

This type of alimony is given when both parties can't maintain their previous accustomed standard of living. Illinois courts consider factors like income, assets, marital property, age, and health to determine the amount of permanent alimony.

Rehabilitative Maintenance

Rehabilitative maintenance is a type of spousal support in Illinois. It is temporary and helps a spouse who can't support themselves due to a lack of job skills or experience.

FAQ: How can you tell if a spouse is hiding income and assets during an Illinois divorce?

The purpose of this type of maintenance obligation is to provide financial aid while they become self-supporting. Factors like marriage length, income, assets, and contributions to education or career will determine if it is awarded.

Fixed-Term Spousal Support

Fixed-term spousal support, also known as rehabilitative alimony, is temporary financial assistance given from one spouse to another for a set period. It is used when the receiving spouse needs support while working towards becoming self-sufficient.

The court may award fixed-term spousal support if it is necessary and appropriate. Factors such as marriage length, spouse's income and assets, and contributions to education or career advancement are considered.

Reviewable Maintenance

Reviewable spousal maintenance is a form of spousal support in Illinois. It provides financial assistance to a spouse while they gain the skills needed to be financially independent. This support can be given as a lump sum or periodic payments. It can last for as little as one year or indefinitely.

money wrapped up in a wedding ring

Reviewable maintenance can be modified by the court if there are significant changes in circumstances. Factors considered by the court include the length of the marriage, each spouse's income and assets, and whether one spouse contributed to the other's education or career.

Combined Spousal and Child Support

In Illinois, spousal support is a payment made by one spouse to the other after divorce or separation. The amount is considered non-guideline maintenance and can vary based on agreement and financial situation. Spousal support maintains a certain standard of living for both parties.

If there are children, the court may award combined spousal and child support to ensure adequate financial support.

Qualifying for Spousal Support in Illinois

Spousal support, also known as alimony, is given by one spouse to the other after divorce. In Illinois, there are specific requirements for qualifying. The marriage must have lasted at least 8 years.

If it was shorter, the court considered factors like combined income, assets, educational or career contributions, and more. The spouse seeking support must demonstrate a need for it based on their current income.

Annual Income Considerations

Spousal support is a payment made during a divorce or legal separation. The amount and duration can vary based on factors like marriage length, income, assets, and special needs.

Learn More: How to Manage Your Finances After an Illinois Divorce

The court considers both spouses' annual income, including salary, wages, commissions, bonuses, and other compensation. If either spouse has a business or asset generating income, it must be disclosed for consideration in spousal support payments.

Marital Misconduct Considerations

Spousal support in Illinois is a payment from one spouse to the other. It can be periodic or a lump sum. It helps financially after the marriage ends. Illinois courts consider marital misconduct when deciding spousal support. This includes infidelity or financial fraud. If there's misconduct, the court may reduce or deny support. Payments should benefit both spouses, not just one.

Financial Independence Considerations

Spousal support, or alimony, is financial assistance from one spouse to another in Illinois. The court may order spousal support when spouses divorce or separate, based on factors like income and marriage length.

Spousal support helps maintain a certain standard of living and achieve financial independence. The court considers factors like job training, education, asset distribution, and other income sources when determining spousal support awards. The court also considers career interruptions due to child care or family responsibilities when deciding on the award amount.

Calculating the Amount of Alimony in Illinois

Factors such as income, earning capacity, education, and financial resources are considered when determining the amount.

money and a calculator next to a paper cut out of a family

In Illinois, a formula takes into account the gross income of each party, number of children, and length of marriage. The court also considers the lifestyle of both spouses. Alimony may be modified if there is a significant change in circumstances.

Standard of Living Considerations

Spousal support, also known as alimony or maintenance, is a form of financial assistance after divorce provided by one spouse to the other In Illinois, the determination of spousal support is based on individual circumstances and can be granted for various purposes. One factor considered is the difference in the spouse's standard of living before and after the divorce.

Useful Tools: Check Out this Spousal Support Calculator for Illinois

When calculating spousal support in Illinois, the court looks at factors such as income, expenses, assets, debts, and ability to maintain their current lifestyle. Other financial resources or benefits available to either party are also considered. The goal is to ensure both spouses can maintain a similar standard of living post-divorce.

Speak to an Experienced Spousal Support Attorney Today!

When couples in Illinois go through a divorce, the court may decide to award spousal support, also known as maintenance or alimony. Spousal support is the amount of money that one spouse pays to another for financial assistance after the divorce. The purpose of spousal support is to ensure that both parties can maintain their standard of living post-divorce and transition into their new lives.

Contact an experienced family law attorney at Tommalieh Law today to navigate the divorce process and receive guidance tailored to your situation. We understand the emotional challenges involved and are here to make the process as smooth as possible. Speak with one of our knowledgeable attorneys about your case.

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