MAINTENANCE OR ALIMONY
Domestic Relations
Maintenance, formerly known as alimony, consists of periodic payments
made to a dependant spouse exclusively for his/her support. The first
determination to be made is whether a spouse is entitled to
maintenance. The second determination is the amount of maintenance and
the length of time it should be paid..
What is a Dissolution of Marriage Marital vs. Non-Marital Property Issues Regarding Children Maintenance or Alimony Attorney's Fees Procedures and Time Frame Settlement of a Case The statutorily preferred way to provide for the support of a dependent spouse is through an award of property. Thus, instead of awarding maintenance to a dependent spouse, the property may be divided unequally so as to meet the needs of the spouse. If, however, the needs of the spouse cannot be met through an award of property, maintenance may be awarded. Under Illinois law, awards of maintenance are usually not made for an indefinite period of time, but instead for "the time necessary for the dependent spouse to find appropriate employment." This statutory concept is known as "rehabilitative maintenance," that is, payments in such an amount and for such a period of time as will bring the dependent spouse to a point where he or she can be financially independent. Although there are cases where maintenance is given for an indefinite period of time, such maintenance awards usually are reserved for cases where a dependent spouse cannot be gainfully employed for reasons of health, age, or lack of ability to acquire training. Unless the parties agree otherwise, maintenance installments can be modified by the court at a later time if there is a substantial change in financial circumstances of the parties. Maintenance payments usually terminate upon the death of either party, or the remarriage or continuing cohabitation by the recipient with a member of the opposite sex. Maintenance is not awarded in Illinois as a punishment for marital misconduct. © 2007 Joseph M. Lucas & Associates, L.L.C. |
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