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spousal support, DuPage County family law attorneysAs a general rule, when a couple gets divorced in Illinois, spousal support payments are ordered if one spouse’s income is significantly higher than the other’s, in the interest of equity. However, most of the time, these support payments are not intended to last forever. There are several different ways that spousal support is granted to a husband or wife, and modifications may be made after certain criteria have been fulfilled by the obligor or the obligee (or both), or in certain situations which are provided for in statutory law.

Rehabilitative Maintenance

One situation where spousal support is granted with the express intention that there will come a point when payments will slow or cease entirely is when one spouse requires temporary aid. It is still fairly common for Illinois couples to adhere to the old model of marriage where one spouse is the primary breadwinner and the other stays home with the children. As such, upon divorce, many homemakers have no income and outdated skills, and they cannot just jump back into the workforce. In these types of situations, a court may grant rehabilitative maintenance, also known as reviewable maintenance. This will last for a fixed period, determined by a number of factors, including the size of the income disparity, the length of the marriage, and whether or not any children were born of the marriage.

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Posted on in Spousal Support

cohabitation, Wheaton divorce attorneyIn most cases, spousal maintenance is used as  a tool to help newly divorced people adapt from a two-income household to two single-income households. Eventually, maintenance ceases, usually after a financial goal or time limit is reached - however, in Illinois and a handful of other states, it can end earlier. Cohabitating after your divorce is final, in particular, can have unintended consequences.

A “Substantial Change in Circumstances”

Generally in Illinois, maintenance is ordered by the family court or agreed upon between the spouses. It will be granted to the spouse the court deems to be in the most need of it, based on a number of factors. Some of the most important include:

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