Maintenance, also referred to as alimony or spousal support, is a legally binding arrangement that involves an ex-spouse continuing to provide financial support to his/her former partner for a period of time after a divorce. So, how long can a person expect to receive spousal support after a divorce in Illinois?
This question doesn’t have a cut-and-dry answer. The amount and timeframe is agreed upon by the parties when finalizing the divorce, or it can be ordered by the judge overseeing the proceedings.
In Illinois, state statute 750 ILCS 5/504 governs issues concerning maintenance. If after consideration of various factors (such as income and property of each spouse, any legal prenuptial agreement, the impact the marriage had on a spouse’s ability to work or further his/her education, etc.), a court determines maintenance is appropriate, it will apply statutory guidelines in situations in which the parties’ combined gross incomes are $500,000 or less, unless the judge elects to exercise his or her discretion to deviate therefrom.
The length of maintenance payments will vary from divorce to divorce. The term can be agreed upon by the parties. If the maintenance term is set by the court in cases in which the statutory guidelines apply, the judge will determine the length of the payments by multiplying the marriage’s number of years (as of the date the divorce case was filed) by a percentage specified in the previously referred to state statute 750 ILCS 5/504. In marriages of 20 or more years, the judge has the discretion to set an indefinite term or a term that is equal to the number of years of the marriage.
Most maintenance agreements call for monthly payments. In most cases, if the divorce agreement calls for a maintenance payment, either ex-spouse may in the future petition the court to change or end the payment. These modifications must be preceded by a substantial change of circumstances such as an increase or decrease of income, illness affecting ability to work, retirement, etc. There are certain events that will likely cause maintenance to terminate. These include the death of either party, the remarriage of the person receiving maintenance, or if the recipient spouse cohabits with another person on a resident, conjugal basis.
As with any aspect of a divorce agreement, you should work with your attorney to ensure you are getting the best legal advice on handling maintenance payments.
