Different Types of Maintenance in Illinois

 Posted on December 00, 0000 in Spousal Support

The history of alimony as a legal concept dates back centuries and has evolved greatly into its contemporary application. In modern day Illinois, alimony payments are determined by several differing factors. Therefore hiring a family law attorney to assist with these matters is essential to achieving the best possible outcomes.

Alimony in Illinois is often referred to as maintenance, as opposed to the term “spousal support” which is favored in many other states. The definition of maintenance in Illinois family law is very literal and is intended to do exactly what the name suggests. Although there are a few different types of maintenance, the intention in Illinois is to ensure both parties “achieve a lifestyle comparable to that during marriage.”

Divorce maintenance in Illinois is generally awarded in one of the following ways, although the specific details are certainly case-specific. These include:

• Permanent maintenance: This type of alimony is typically awarded when spouses have been married for a longer period of time, and the differences in income and future income is extremely disproportionate. An example would be if one spouse stayed home to raise children while the other built a career;
• Temporary maintenance: These types of agreements are awarded before the divorce is final, and are intended to allow both spouses to continue with their standard of living while the case is pending;
• Rehabilitative maintenance: This maintenance is generally given to a spouse for the period of time the court deems it will realistically take a spouse to become “self-sustaining”; and
• Reviewable maintenance: In these cases, the maintenance is reviewed after a certain period of time, and is subject to modification and extension, as well as termination.

Each type of Illinois maintenance will depend on the individual situation, and the rules are not always as rigid as they may seem. For example, certain cases of rehabilitative maintenance may also be reviewable and allowed to be modified.

Illinois maintenance can be complex, and making any decisions without consulting an experienced Aurora family law attorney can not only have negative consequences in the short term, but in the long term as well. Divorces are one of the leading causes of bankruptcy, and maintenance can help to ensure financial stability. Contact the Law Office of Matthew M. Williams, P.C. today to discuss your situation. We serve clients in the DuPage County area and across Illinois.