A key issue in many Illinois divorces is alimony, which a party pays to the other, generally, once the legal proceedings are complete. Illinois’ statute on spousal maintenance requires a two-part analysis for awarding support. The court first makes a finding that alimony is appropriate and will then decide the terms and conditions.
However, parties are free to enter an agreement on the issue of spousal support whenever possible. Whether by hearing or agreement, the details of alimony will be included in the final divorce decree.
However, some orders regarding alimony may not be so clear in answering a critical question for both payor and recipient of spousal maintenance, such as, in Illinois, when do alimony payments terminate? An alimony lawyer in Chicago can provide specifics after reviewing your situation, but you should note some issues that affect the end of support obligations and the process for termination.
Factors that Impact Alimony Payments
After determining spousal maintenance is appropriate, the court turns attention to whether alimony should be granted in accordance with statutory guidelines or other factors.
1. The statutory guidelines state how long alimony is paid is determined according to a formula based upon the length of the marriage; spousal support in a long-term marriage could be up to 16 years or even an indefinite time for marriages lasting longer than 20 years.
2. The duration of non-guideline alimony is based upon the same factors used to determine whether support is appropriate. As such, termination of maintenance does not run according to any formula. Instead, other sources may specify when support ends, such as:
- The type of alimony, particularly where the purpose is rehabilitative;
- A date listed in the court order or agreement between the parties;
- Any “review date” indicated by the final divorce decree; and/or,
- A change in circumstances.
Process for Terminating Alimony in Illinois
For alimony with a scheduled termination date, you do not need the court’s permission to stop paying; however, you will need to handle the logistical side of stopping payments if the payments are being withheld from your paycheck.
Where maintenance does not have a set termination date, or where circumstances change that justify termination, you will typically need to file a petition in court. You are still legally obligated to pay while the order is in effect, so you must request the judge terminate your duty via a new order. In your petition, you will state your grounds for termination, which apply to your situation. Grounds for termination are the death of either party or the recipient remarrying or living with another in a marriage-like relationship. In addition, in some cases, a substantial change of circumstances may warrant a termination, such as the payor spouse’s retirement The court will decide your request after a hearing, during which both parties are entitled to be heard.
Contact an Alimony Lawyer in Chicago for Additional Details
This overview may help you understand the basic issues involved with termination of alimony payments in Illinois, but there are additional details you should trust an experienced attorney. For more information, please contact Michael C. Craven at (312) 621-5234 or via our website. We can schedule a consultation with a skilled alimony lawyer in Chicago, IL.
