A divorce makes for a very unpleasant experience in a couple’s life. Financially and emotionally, these times can be very difficult. However, effectively communicating the provisions following the finalization of a divorce can make the process easier, and several factors need to be determined with regard to spousal support.
What is Spousal Support?
Spousal support, also known as alimony or spousal maintenance, is defined as a husband’s or wife’s support ordered by the court for his or her spouse after divorce.
Illinois courts will grant one of three types of alimony:
- Permanent; or
- Rehabilitative, Periodic, or Reviewable.
Temporary alimony is granted only during legal proceedings. Rehabilitative alimony occurs where the spouse who is looking for maintenance will work to become self-supporting in the future.
Permanent alimony is granted when each spouse is ending a marriage lasting more than 20 years, and one spouse worked full time while the other spouse stayed home most of the duration of the marriage. Permanent alimony continues until the ex-spouse receiving or paying maintenance passes away, the ex-spouse receiving maintenance remarries, the ex-spouse receiving maintenance lives with another person, or the ex-spouse paying maintenance retires.
When is a Spousal Maintenance Award Appropriate?
The court is the first source of determining if spousal support is appropriate, and will base the verdict on the following factors:
- Income and property of each spouse;
- Needs of each spouse;
- Earning potential of each spouse;
- Impairment of earning capacity of the spouse seeking maintenance; and
- Time needed for the spouse seeking maintenance to support himself or herself.
Other factors established by the court before determining spousal maintenance include established standard of living, duration of the marriage, personal attributes, all sources of income, tax consequences of property division, contributions by the spouse seeking spousal maintenance, and a valid agreement by both spouses.
Contact Your DuPage County Divorce Attorney
Financially supporting your spouse can be one of the toughest situations following a divorce. However, the process does not have to be difficult. At Abear Law Offices we have the experience and professionalism to assist you with your case.
Attorney Anthony Abear has nearly 20 years of experience in the divorce practice, and he established his own firm in 2003. He is available to assist you with your individual case and assess your needs and best interests. To schedule your free initial consultation, please call the skilled Wheaton divorce attorneys at 630-904-3033 to get the assistance you deserve.