Do Spousal Maintenance Payments Last Forever? 

Posted on in Divorce

DuPage County Spousal Maintenance LawyerAlthough spouses may get divorced with the hope that they will no longer have to deal with each other in the future, for many couples this is simply not true. Responsibilities towards children can require parents to interact together for many years, and spousal maintenance - formerly known as alimony - can do the same. Illinois law allows for several types of spousal maintenance, and how long spousal maintenance will last depends on the unique circumstances of a couple’s divorce. 

Types of Alimony in Illinois 

There are three primary kinds of spousal maintenance in Illinois: 

  • Temporary or interim maintenance - Frequently awarded to homemakers who have no income of their own, temporary maintenance is ordered while a divorce is ongoing. Temporary maintenance can cover the cost of running a household and raising children, and can also include the cost of a spouse’s attorney. 

  • Rehabilitative maintenance - Rehabilitative support is ordered when one spouse needs time to get back on their feet financially after a divorce. If a spouse needs education, training, or extra time to re-enter the workforce because of childcare responsibilities, rehabilitative maintenance will likely be ordered with periodic check-ins so a judge can assess the recipient’s efforts to become self-sufficient. 

  • Permanent maintenance - Permanent maintenance is only awarded to spouses who have been married for many years - generally over 15 or 20 - when one spouse has devoted much of their adult life to sustaining the marriage and household.

How Long Does Spousal Maintenance Last? 

Spouses who can cooperate during divorce can negotiate spousal maintenance payments that feel fair to both parties. They may even trade regular payments in exchange for a larger financial windfall in the asset division process. But when they are unable to reach an agreement, Illinois provides guidelines for how long maintenance will last as a percentage of the length of marriage. Furthermore, certain acts - such as the receiving spouse experiencing a substantial change in circumstances, getting remarried, moving in with a new partner, or passing away - will halt spousal maintenance permanently. 

Meet with a Wheaton, IL Spousal Maintenance Lawyer

Spousal maintenance payments are a frustrating part of the divorce experience for many former spouses, regardless of whether they are the ones receiving or paying. Knowing when and how spousal maintenance payments will end is a crucial part of moving forward after divorce and planning for your financial future. At Andrew Cores Family Law Group, our experienced DuPage County alimony attorneys can explain your options in regards to spousal maintenance and are available to help. Call us today at 630-871-1002 to schedule a free initial consultation. 

 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6200000&SeqEnd=8675000 

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