In some divorce cases, an Illinois court will award spousal maintenance, also known as alimony, to a financially dependent spouse either temporarily or permanently. Temporary or periodic support usually terminates when a recipient acquires the education or skill necessary to be gainfully employed, and both temporary and permanent alimony may terminate if the recipient marries or cohabitates.
Spousal support can be a lump sum payment, a transfer of property, or, more commonly, monthly periodic payments for a specify duration or permanently if a couple was in a long term marriage. A court may award alimony after considering the following factors:
- Each spouses income and potential earning ability
- Each spouses financial needs
- The length of marriage
- The marital standard of living
- Each spouses age and health
- The time needed to get education training to gain employment
- Whether one spouse delayed or abandoned education training or employment due to the marriage
- Other relevant factors
Termination or Modification of Spousal Support
Unless agreed to otherwise, spousal support will end when:
- The recipient spouse remarries
- If the paying spouse remarries and is now supporting a new family, a modification to the spousal maintenance agreement may be possible depending on the circumstances
- When there is a substantial change in circumstances such as:
- A change in either spouse’s employment status or income
- Either spouse’s inability to earn money such as a the onset of a disability
- Property gained by either spouse since the spousal maintenance award
- Other factors a court deems relevant
If you want to modify or terminate Illinois spousal maintenance, it is important to seek guidance from an experienced alimony attorney. Contact the Lake county, Illinois family law attorneys of Schlesinger & Strauss at 847-680-4970 for help.
