Alimony, formally known as spousal maintenance in Illinois, is sometimes ordered by a judge when two people get divorced. Spousal maintenance refers to payments one spouse will make to another, and it can be one of the most contentious issues in divorce cases. However, it is also one of the most misunderstood. If you are going through a divorce and want to seek spousal maintenance, or defend against claims for it, it is important to understand the truth behind some of the myths surrounding it.
Myth: Spousal Maintenance is Permanent
Spousal maintenance is meant to help one party get back on their feet after a divorce, and as such, it is usually ordered for a fixed time period rather than indefinitely. Maintenance can also end when the recipient remarries or starts living with a new partner, or after a petition for modification once the recipient is able to support themself. In some cases, spousal maintenance may be awarded only temporarily during the divorce proceedings, and payments will stop once the case is final.
Myth: Spousal Maintenance Orders are Final
It is true that spousal maintenance orders are legally binding. However, that does not mean the terms are always set in stone. When a spouse experiences a significant change in circumstances, one of the parties can petition the court to modify the original order. For example, if the individual paying maintenance loses their job and can no longer afford to make these payments, they can ask the court to modify the order to reflect that change.