Getting a divorce can lead to a variety of financial difficulties for both you and your spouse. In addition to addressing the costs of the divorce process itself, you will both need to determine how you will be able to meet your needs based on a single income rather than a combined income. This adjustment may be especially difficult for a person who relied on their spouse as the family’s primary income earner. A spouse who is at a financial disadvantage may be able to receive spousal support. In these cases, the parties will want to be sure to understand how the amount of support will be calculated and how long the payments will last.
Determining the Duration of Spousal Support Payments
Illinois law uses the term “spousal maintenance” for payments made by one spouse to the other following their divorce. Typically, spousal maintenance will be awarded if one spouse needs support to ensure that they can maintain the standard of living they had during their marriage. Spouses may agree that spousal support will be paid when they create a divorce settlement, or in cases where litigation will be required to resolve divorce-related issues, a judge may choose to award maintenance to one spouse after considering factors such as the parties’ financial resources and ongoing needs, whether one spouse made sacrifices during their marriage that affected their career, and whether one party helped the other obtain education or otherwise assisted in their career advancement.
If maintenance is awarded, the amount that will be paid will be calculated based on the income earned by both spouses. The duration that payments will last will depend on whether maintenance is fixed-term, indefinite, or reviewable.
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