Spousal Support & Maintenance
Maintenance, previously known as “alimony” or “spousal support” is a payment required by one spouse to the other spouse on a basis that is determined by a judge. In a divorce proceeding, a court may grant a maintenance award for either spouse in any amount or period of time that the court considers reasonable. However, maintenance is not appropriate for every case.
It is important to understand that in the state of Illinois, courts do not consider marital misconduct in the award of maintenance. One thing courts may consider is the lifestyle the parties became accustomed to during the marriage. Our attorneys properly consider the facts of your case in addition to any consequences that may arise for an optimum spousal support
Why Is Alimony Paid After a Divorce?
The payment of maintenance is made by the spouse who was financially supportive throughout the marriage. Generally the payor of maintenance is the spouse that earns the majority of parties’ income. Maintenance can be awarded on either a temporary or a permanent basis based on the various factors a court considers.
Typically divorce can be overwhelming for the spouse that remained at home to care for the children or if he or she was without a job in the course of the marriage. The rationale for awarding maintenance is simply to provide the recipient with the economic security that will help him or her maintain a lifestyle similar to the one that was enjoyed during the marriage.
How is Alimony Calculated?
Courts have the power to deviate from the factors in the determination of maintenance awards based on the specific needs of the parties. However, typically the court will typically consider the following factors in the award of maintenance:
- Income and property of each party (marital or non-marital)
- The needs of each party
- The earning capacity of each party
- The standard of living established during the marriage
- The duration of the marriage
- The age, health, occupation, employability, estate, liabilities, and needs of each party
- Sources of public and private income
- Tax consequences of property division
- Contributions made during the marriage.
- Any other factors the court may find to be just and equitable
In analyzing the appropriate factors used by courts in determining maintenance awards, our experienced lawyers will consider your financial disclosures to develop appropriate arguments to help you achieve the best result possible.