Illinois law allows either party involved in dissolution of marriage to ask for spousal support (maintenance). The court may order one party to pay money to the other to allow them to maintain a lifestyle similar to the one they had before the divorce. There is no calculator used to determine the amount of maintenance, as there is for child support.
There are three types of spousal support:
- Temporary – This category directs that maintenance be paid for the duration of the divorce proceedings and stops when the judgment is final.
- Rehabilitative – This category grants maintenance to the spouse to give them time to get the training or education needed to be able to be self-supporting.
- Permanent – The court can order a set amount of permanent maintenance be paid to a spouse. Either spouse can return to court requesting termination or modification of such order providing they can demonstrate a reason the court should do so.
The court considers a variety of factors when determining the amount of maintenance that will be paid:
- All previous agreements made between the spouses
- The duration of the marriage
- The standard of living as a couple during the marriage
- The health of both parties
- The needs of each spouse
- The assets and income of each spouse
- The age and earning capability of each spouse
- The earning limitations if one spouse is going to stay home to care for the children
- Any contributions made to the training or education of the other spouse by the one requesting maintenance
Other relevant factors are considered by the courts when determining the type and amount of maintenance that may be granted, if at all. Any court ordered maintenance stops upon the death of either spouse, or the remarriage of the party receiving payments. In the case of permanent maintenance, the court may order that arrangements be made to continue support after the death of the paying spouse, such as a life insurance policy.
It is crucial that you get an experienced family law attorney to assist you in the complicated court processes of divorce, property division, child support, and spousal maintenance. The attorneys at David M. Siegel and associates can guide you through this difficult time in your life. Decisions made now will dramatically affect your future and that of your children. Call (847) 520-8100 and schedule a consultation today.