In the state of Illinois, the law calls alimony “spousal maintenance” and it could potentially be long-term if the receiving spouse is unable to make a living or if the marriage was also long-term. Despite whether or not someone feels they should have to support their spouse financially, a judge will apply the law and both parties will have to follow the guidelines in the law.
It is possible for a couple to get divorced without involving spousal maintenance, but if a judge orders it in their particular divorce case, alimony must be a part of the conversation regarding finances during the divorce process. Because it could be a requirement in divorce proceedings, it is important to understand the four kinds of alimony.
A spouse who is granted temporary alimony (otherwise known as "temporary maintenance") receives money while the divorce is still proceeding. Temporary alimony is typically granted in situations when the couple has made the decision to live apart, or when the receiving spouse does not have the ability to pay for their own cost of living and attorneys’ fees, and is meant to fund the recipient's living costs throughout the divorce. While it is possible to file a request later on during the divorce process, a spouse who wants temporary alimony should include the request in his or her divorce petition. Once the divorce is finalized, all interim alimony payments cease.
Support granted for a predetermined time frame is referred to as fixed-term alimony. This alimony is typically awarded to help the recipient achieve financial independence. In situations like these, a fixed-term alimony award may be appropriate:
The spouse who is requesting alimony did not take on work outside the home in lieu of providing childcare or housekeeping duties during the marriage
The spouse requesting alimony passed on educational prospects throughout the marriage
The spouse who is asking for alimony has a restricted earning potential and has to go back to school or get training to maintain their current standard of living once alimony payments stop
Reviewable alimony can be awarded when the recipient's eligibility to receive payments is consistent with making sincere attempts to get ready to sustain themselves financially. This type of alimony is subject to periodic judicial review. In situations when the recipient does not have a clear route to independence or where having children prevents them from continuing their training or education without disruption, reviewable alimony may be suitable.
Permanent or Indefinite Alimony
Permanent alimony, as its name implies, grants monetary assistance for the recipient's or payor’s lifetime. But because there are still some conditions that might lead to the termination of perpetual alimony, it is alternatively known as indefinite alimony. Permanent or indefinite alimony is usually only permitted in divorces where the marriage lasted 20 years or more.
Contact a Dupage County Alimony Lawyer
If you are going through a divorce and you are concerned about alimony, you need a Wheaton divorce attorney who will help you determine what type of alimony makes sense for your particular situation. Call Andrew Cores Family Law Group at 630-871-1002 to schedule your free consultation to learn how we can protect your rights.