Illinois Spousal Maintenance

Illinois spousal maintenance

 

 

 

ILLINOIS SPOUSAL MAINTENANCE AKA ALIMONY
Illinois spousal maintenance – If you are looking for an Illinois divorce lawyer in Chicago or the Chicago suburbs who can explain your rights and duties regarding spousal maintenance, spousal support and alimony, please contact my office.

In a dissolution of marriage or legal separation, Illinois courts may grant a temporary or permanent spousal maintenance.

Illinois law provides that spousal support is awarded without regard to marital misconduct such as adultery. The maintenance award may be paid from the income or property of the other spouse after consideration of all relevant factors, including:

(1) the income and property of each party, including marital property apportioned and non-marital property assigned to the party seeking maintenance;
(2) the needs of each party;
(3) the present and future earning capacity of each party;
(4) any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having forgone or delayed education, training, employment, or career opportunities due to the marriage;
(5) the time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment, and whether that party is able to support himself or herself through appropriate employment or is the custodian of a child making it
appropriate that the custodian not seek employment;
(6) the standard of living established during the marriage;
(7) the duration of the marriage;
(8) the age and the physical and emotional condition of both parties;
(9) the tax consequences of the property division upon the respective economic circumstances of the parties;
(10) contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse;
(11) any valid agreement of the parties; and
(12) any other factor that the court expressly finds to be just and equitable.

Note – effective 2016, there is a formula for spousal maintenance. Contact an Illinois divorce lawyer and know your rights regarding spousal support, spousal maintenance and alimony.

SPOUSAL MAINTENANCE CASES IN CHICAGO
Illinois family law authorizes the court to order a parent to maintain life insurance for the benefit of a minor child in order to protect against the risk of premature death and secure child support or an education obligation. However, Illinois family law is silent with respect to whether a court may order a person to buy life insurance to secure a maintenance obligation owed to an ex-spouse. There is a split among Illinois districts as to whether a court can force a spouse to buy life insurance for the benefit of an ex-spouse in order to secure a maintenance obligation. For a case holding that a court may order life insurance to secure a maintenance obligation in the event of the obligor’s death even though by operation of law maintenance terminates upon either spouse’s death. In re Marriage of Walker, No. 4-07-0730 (4th Dist. 2008). But see In re Marriage of Ellinger, 378 Ill.App.3d 497 (3d Dist. 2008) (holding that a court does not have discretion under the Illinois Marriage and Dissolution of Marriage Act to order an ex-spouse to maintain life insurance as security for his maintenance obligation).

Brian J. Thompson, CPA & Attorney