What is Maintenance/Spousal Support (formerly known as alimony) and how is it determined?
Here's an overview of spousal support and maintenance in Illinois:
1. Purpose: Spousal support is intended to address disparities in earning capacity and financial resources between spouses, particularly in situations where one spouse may have sacrificed career opportunities or contributed to the other spouse's career advancement during the marriage.
2. Factors Considered: Illinois law provides guidelines for determining the amount and duration of spousal support, but judges have discretion to consider various factors when making decisions, some of which are as follows.
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- Each spouse's income, earning capacity, and financial needs.
- The standard of living established during the marriage.
- The length of the marriage.
- The age, health, and employability of each spouse.
- Contributions made by one spouse to the education, training, or career advancement of the other spouse.
- Any agreements between the spouses, such as prenuptial or postnuptial agreements.
- Any other relevant factors deemed appropriate by the court.
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3. Types of Maintenance:
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- Temporary Maintenance: Temporary spousal support may be awarded during the divorce proceedings to provide financial support to the dependent spouse until a final determination on maintenance is made.
- Permanent Maintenance: Permanent spousal support may be awarded after the divorce is finalized and is intended to provide ongoing financial support to the dependent spouse. However, permanent maintenance does not necessarily mean support is paid indefinitely; it may continue for a set period or until certain conditions are met, such as the recipient spouse's remarriage or cohabitation.
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4. Calculation: Illinois law provides guidelines for calculating spousal support based on the income of both spouses and other relevant factors. However, judges have discretion to deviate from the guidelines if deemed appropriate based on the circumstances of the case.
5. Modification and Termination: Spousal support orders may be modified or terminated under certain circumstances, such as a significant change in either spouse's financial circumstances, the recipient spouse's remarriage, or the death of either spouse.
6. Enforcement: Spousal support orders are legally binding, and failure to comply with court-ordered maintenance obligations can result in enforcement actions by the court, such as wage garnishment or contempt proceedings.
Navigating spousal support and maintenance issues in divorce proceedings can be complex, and the outcome can have significant financial implications for both spouses. It's advisable to seek guidance from a knowledgeable family law attorney, such as Denise M. Kuzniewski, who can provide personalized advice and advocacy based on your specific circumstances.
Contact The Law Office of Denise M. Kuzniewski in McHenry, IL Today
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