Illinois Spousal Maintenance Lawyer
Batavia – Elgin – St. Charles – Geneva - Aurora
Unlike child support in Illinois, there are no statutory spousal maintenance (alimony) requirements, and any award of support to a former spouse depends on the circumstances of the case. Also, gender is not a determining factor; maintenance may be awarded to either spouse, depending on his or her respective financial circumstances and the lifestyle the couple enjoyed during the marriage.
If you have questions or concerns about spousal maintenance, talk to an Illinois family law attorney who has substantial knowledge of financial matters. Please contact the Law Office of Warren G. Sylvester in Batavia.
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Three types of spousal maintenance are recognized in Illinois law:
- Permanent maintenance has no defined end date, but either party can ask that it be changed whenever there is a significant change in circumstances.
- Temporary maintenance may be awarded while the divorce action is pending.
- Rehabilitative maintenance may be awarded for a period of time to enable the dependent spouse to become self-supporting.
Illinois courts are required by law to consider many factors when deciding whether to award maintenance, including:
- The property and income of each party
- The needs of each party
- Whether the parties have sufficient funds to survive after marriage
- Whether:
- the spouse seeking support faces impediments to earning an income;
- those impediments are caused by devoting time to domestic duties;
- and the spouse has delayed or forgone career opportunities to support the career of his or her former spouse
- Age, physical and emotional condition of each party
Maintenance Is Not an Entitlement
If you are the one seeking maintenance, the court will want to see evidence that you are making attempts to become self-supporting. Even if you played the enabling role during the marriage, divorce changes everything. It is important for you to demonstrate your abilities and realistic career goals. Otherwise, a judge may deem you capable of earning an income that is unrealistic.
Tax Consequences of Maintenance
Child support is nondeductible to the payer and nontaxable to the recipient. A combination of child support and maintenance can make a huge difference in tax rates for both payer and recipient.
If you are involved on either end of the child custody and maintenance equation, it is important that you seek the advice of a family law attorney who thoroughly understands the financial issues. Please contact the Law Office of Warren G. Sylvester in Batavia.
