Spousal Maintenance Attorney & Rockford Alimony Lawyer

The purpose of spousal maintenance is to financially help a spouse who is not employed (or readily-employable) during divorce proceedings and after a divorce.  Typically, such payments are meant to be a “bridge” until such spouse can become employed, and to recognize (where applicable) the employment sacrifices that this spouse may have made for the betterment of the marriage and family.

In Illinois, Spousal Maintenance is governed by the Illinois Marriage and Dissolution of Marriage Act (the “Illinois Divorce Act”). Unlike with child support, there are no set of statutory guidelines for determining whether maintenance should be granted or the amount that should be awarded.

Section 5/504 of the Illinois Divorce Act directs the Court to consider a set of factors in granting or denying spousal maintenance and in determining the amount.  These factors include:

• The income and property of each spouse.
• The standard of living that existed during the marriage.
• How long did the marriage last?
• Did the spouse seeking support leave the workforce and a career to care for a family (and if so, how long did this career break last)?
• How readily-employable is the spouse seeking support?
• Is the spouse seeking support ill or have any other conditions that would prevent re-entry into the workforce?

In short, the Court has much greater discretion in either awarding or denying spousal maintenance and in setting the amount of maintenance than the Court has with respect to child support.

Proving Your Case

Because of the degree of judicial discretion in determining maintenance, it is critical that a spouse seeking to obtain (or minimize) maintenance retain a knowledgeable, detail-oriented spousal maintenance attorney who can advocate vigorously on their behalf and make a  strong presentation for their case.  This typically entails a thorough investigation of matters such as current lifestyle and earning capacity so that such facts can be presented to the Court.

Yes. There are four types of spousal support that may be awarded in an Illinois divorce, including:

• Temporary Spousal Maintenance. Designed to assist for a short or fixed period, temporary alimony provides short-term financial assistance (usually one or two years), which often commences during the pendency of the divorce proceedings.
• Fixed-Term Spousal Maintenance. Fixed-term alimony, also referred to as rehabilitative spousal support, is designed to allow an individual to become self-sufficient. For example, if one spouse gave up their career to care for a child, that spouse may be granted support while they pursue education or training to make the party more marketable in the workforce.
• Reviewable Spousal Maintenance. When an individual does not have a clear path to self-sufficiency, Illinois courts may not grant an award for a set duration. Instead, they will periodically review a spousal maintenance arrangement to determine if continued financial assistance is needed.
• Permanent Spousal Maintenance. Permanent alimony is only available to a person who was married for twenty or more years. Permanent spousal support can be awarded for the duration of the recipient’s life.[1]

[1] 750 ILCS 5/501 – 802.

When making spousal maintenance determinations, Illinois divorce courts typically adhere to the following guidelines:

• If a marriage lasts less than five years, the duration of spouse maintenance should extend for twenty percent of the length of the marriage.
• For each additional year of marriage (in excess of five years), the multiplier increases by four percentage points. For example, if a marriage lasted a little less than seven years, the multiplier is twenty-eight percent. For a marriage lasting ten years, the multiplier is typically forty-four percent, which is equivalent to 4.4 years of spousal support.
• If a marriage lasts twenty or more years, Illinois spousal maintenance may be granted for the length of the marriage or for an indefinite period of time.

No.

Under Illinois law, if an individual waives the right to spousal maintenance in a final divorce settlement, they will be precluded from seeking and obtaining maintenance in the future.[1] Consequently, it is critical to assess long-term financial needs from the outset.

[1] 750 ILCS 5/457e.