Divorce Alimony in Illinois

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Issues speculated upon during determination of Divorce Illinois Alimony

As per the Illinois Marriage and Dissolution of Marriage Act, the judge takes into account the following issues before determining the terms of alimony.

  • Presence of any valid agreement between the spouses
  • Whether the spouse requesting alimony has made any inputs to the education, training, career or license of the other party
  • How has the tax effects of the property distribution impacted the financial scenario of both spouses?
  • The emotional and physical condition and age of both parties
  • The duration of marital life
  • The standard of living experienced in marital life
  • Is the spouse seeking spousal support a custodian of a child due to which it has become impossible for this spouse to seek employment?
  • The duration essential for the spouse seeking maintenance to become satisfactorily employed
  • Has the party seeking alimony devoted time to domestic responsibilities due to which this party has delayed or missed opportunities in education, training, employment and career? Has this fact resulted in impairment in the present and future earning potential of this party?
  • The present and future earning ability of each spouse
  • The requirements of each spouse
  • The property and income of both partners, inclusive of the non marital and martial property reserved for both
  • Any other issue that the court feels is fair and equitable to be considered

Review of Divorce Illinois Alimony

Some events, on occurrence of which, the court might review the terms of alimony are as follows.

  • The child of the divorced parents has entered school or has completed a predetermined age
  • The predetermined period of time has passed by
  • A considerable increment or decrement in the income of the payer
  • A significant increment in the salary of the payee
  • Whether the payee has completed a certain level of education?

Termination of Illinois Alimony

  • The payer has retired from service
  • The payee has begun conjugal or resident cohabitation with another person
  • The payee has remarried
  • The payer or payee has died

Types of Illinois Alimony

Rehabilitative Alimony

  • The aim is that the recipient must be helped till he/she is employed in such a manner that provides an almost similar standard of living that was in existence during marital life
  • The payments are made for a specific period of time (generally 6 months to 5 years) or for an indefinite duration
  • Also termed as "reviewable maintenance" or "periodic maintenance"

Maintenance in Gross

  • This is a lump sum payment
  • It is executed as one huge payment close to or on the date of divorce or in a specific number of installments
  • This amount cannot be modified

Permanent Maintenance

  • The Trial court may grant that alimony may be disbursed permanently and may define some termination events that are different from those stated by the divorce laws
  • This type is considered apt when the recipient is not employed or may become employed with such a low income that would not be sufficient to maintain the standard of living experienced in marital life
  • Generally, the recipients of this sort of alimony are in their 40s or 50s and have imperfect health

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