When Does Alimony End in Illinois?

 Posted on August 27, 2021 in Spousal Support

If you want to get a divorce and your spouse earns a significantly higher salary than you, you may be able to receive alimony. Also known as spousal support, alimony is intended to help financially support a spouse until he or she has gained the necessary education or training to obtain a higher-paying job. In the majority of cases, alimony is temporary. However, permanent alimony is sometimes awarded.

Ending Spousal Support Payments in Illinois

In Illinois, the duration of alimony is usually based on the length of the marriage. The longer the marriage, the longer a spouse may recieve maintenance payments. If the couple was married 20 years or longer, the recipient may be permanently entitled to maintenance. However, there are certain circumstances in which spousal maintenance terminates:

• Cohabitation - If you move in with a romantic partner, your ex-spouse will no longer be obligated to pay you alimony. Living with someone as a platonic roommate is not sufficient enough to stop support payments. The paying spouse will have to contact the court and request a maintenance termination on the basis of cohabitation.

• Remarriage - Spousal maintenance terminates when the recipient remarries. If you plan to get remarried, you must inform your ex-spouse at least 30 days before the ceremony so that he or she will have enough time to file a motion to terminate alimony payments. If you do not notify your ex-spouse in time and he or she makes unnecessary payments, the court may require you to reimburse your ex for those payments.

• Death - If your ex-spouse dies, you will no longer be able to receive alimony. Your ex-spouse’s estate does not have a spousal maintenance obligation to you.

• Court order - During divorce proceedings, spouses can come to an agreement of when alimony will end. For example, if you and your ex-spouse agreed that your alimony payments will end two years after your divorce, the court will automatically terminate the payments on that date. Likewise, you and your ex may agree that your spousal support will end once you make a certain salary.

Contact a Kane County Divorce Lawyer

If you are getting divorced, you may have several questions about alimony. An Aurora, IL divorce attorney from the Law Office of Matthew M. Williams, P.C. can address all of your questions and concerns and guide you in the right direction in your divorce. We understand how confusing this can be and want to be right by your side. Call us at 630-409-8184 to schedule a confidential consultation.

Source:

http://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm