What Are the Different Types of Spousal Support in Illinois?

 Posted on December 06, 2021 in Spousal Support

When a couple decides to end their marriage and get a divorce, this can sometimes put one spouse in a difficult position as they determine how they will be able to support themselves on their own. In these situations, a spouse may ask to receive spousal support from their former partner. These payments, which are referred to as spousal maintenance in Illinois law, may be available in situations where one spouse earns a higher income or where a stay-at-home parent or a person who has extraordinary needs requires financial support to be able to meet their ongoing needs. By understanding the types of spousal maintenance that may be available, spouses can make sure this issue will be addressed correctly during the divorce process.

Three Types of Spousal Maintenance

In a case where a divorcing spouse is requesting spousal maintenance, a couple may agree that this type of support will be paid, or both parties may present their case to a judge, who will decide whether spousal support will be appropriate. The judge will look at each party’s financial situation to determine whether one spouse needs support and whether the other spouse will have the means to make ongoing payments. They may also consider other factors, such as whether the person who is asking for support made sacrifices to their career during their marriage or helped their spouse pursue career opportunities and increase their level of income.

If a judge determines that spousal maintenance should be awarded, they may choose one of the following options:

• Fixed-term maintenance - This is the most common type of spousal support, and it will last for a specific amount of time that will be determined based on the length of the couple’s marriage. Illinois law details the specific percentages that will apply to marriages of different lengths to determine the duration of spousal support. For example, if a couple was married for between eight and nine years, maintenance will be paid for 36 percent of the length of their marriage.

• Reviewable maintenance - A judge may decide that maintenance will be paid for a certain amount of time, after which the case will be reviewed to determine whether support should continue being paid or whether support should be terminated. This type of maintenance may be appropriate in situations where a spouse needs financial assistance as they take steps to re-enter the workforce and increase the income they are able to earn, such as by attending college or receiving job training. By receiving support for a certain amount of time as they take steps to advance their career, a person can ensure that they will be able to be self-supporting in the future.

• Indefinite maintenance - If a couple has been married for 20 years or more, maintenance may be paid for an indefinite period, ensuring that a person who did not work during their marriage and may not be able to pursue career prospects later in life will be able to meet their financial needs. Indefinite maintenance may also be appropriate in situations where a spouse has a disability or other physical or mental conditions that prevent them from being able to maintain full-time employment.

Contact a DuPage County Spousal Support Lawyer

If you think that you may be eligible to receive spousal maintenance, or if your spouse is asking you to pay support following your divorce, Farooqi & Husain Law Office can provide you with legal representation to ensure that your rights and interests will be protected. We will make sure the law is applied correctly in your case, and we advocate for your interests and help you determine the best ways to provide for your ongoing financial success. Contact our Oakbrook Terrace spousal maintenance attorneys at 630-909-9114 to get legal help with your divorce-related issues.

Source:

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