Illinois Family Law on Spousal Support and Maintenance
Illinois family law recognizes the importance of spousal support, also known as maintenance, in providing financial assistance to a spouse following separation or divorce. Maintenance is not guaranteed but is determined based on various factors outlined in Illinois law.
According to the Illinois Marriage and Dissolution of Marriage Act, spousal support serves to allow a lower-earning spouse to maintain a reasonable standard of living post-divorce. The primary purpose is to assist the dependent spouse while they adjust to their new circumstances.
When deciding whether to grant spousal support, Illinois courts consider several factors. These include:
- Length of the marriage
- The financial resources and needs of both spouses
- The standard of living established during the marriage
- The age and health of both parties
- The contributions of each spouse to the marriage, including homemaking and childcare
- The educational level of both spouses and the likelihood of obtaining suitable employment
Spousal support in Illinois can be temporary or permanent. Temporary maintenance is awarded during divorce proceedings and is meant to support the needy spouse until a final decision on the divorce can be made. This type of maintenance automatically terminates upon the divorce becoming final.
Permanent maintenance, on the other hand, is typically awarded in longer marriages and could continue indefinitely or until certain conditions are met, such as the remarriage of the receiving spouse or a significant change in circumstances.
In 2019, Illinois implemented guidelines for calculating maintenance payments. These guidelines provide a straightforward formula: the supporting spouse pays 30% of their gross income minus 20% of the recipient's gross income. However, the courts maintain discretion to deviate from these guidelines based on individual circumstances.
It is also essential to note that maintenance can be modified or terminated under specific situations. For instance, if the recipient spouse does not make a good faith effort to become self-sufficient or if there is a substantial change in the financial circumstances of either party, the court can revisit the terms of maintenance.
Divorce is a complex process, and spousal support can add further intricacies to it. Consulting with an experienced family law attorney in Illinois can provide clarity around individual circumstances and ensure that rights and obligations are properly addressed in accordance with the law.
Understanding Illinois family law on spousal support and maintenance can help both parties navigate the emotional and financial landscape of divorce more effectively. Knowledge of these laws not only facilitates informed decision-making but also fosters fair outcomes that honor the contributions of both spouses during the marriage.