Divorce cases sometimes include an order requiring one spouse to provide continued financial support to the other spouse. These payments are referred to as “spousal maintenance” in Illinois law, but the terms “alimony” and “spousal support” are sometimes used colloquially.  If you are getting divorced, you may have questions about the role spousal maintenance will play in your case. Read on to learn more.

Circumstances Under Which Spousal Maintenance May be Ordered

Spousal maintenance is only ordered in a small percentage of Illinois divorce cases. There are three main circumstances under which a spouse may receive maintenance payments in a divorce:

Originally Posted June 8, 2016 - Updated 11-9-2021

Spousal maintenance or alimony offers a lesser-earning spouse the financial support they need after a divorce. However, Illinois laws regarding spousal maintenance have changed in the last few years. If you or your spouse are interested in pursuing a spousal maintenance award during your divorce, it is important to know how these legislative changes can impact your case. 

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.

The number of divorce cases involving spousal maintenance have declined significantly over the last decade. Still, some divorcing parties may need financial assistance from their ex-spouse to achieve a self-sustaining future. Disabled parties who may not have previously qualified for social security because their marital income was too high, stay-at-home parents with little to no recent job training or experience, and financially disadvantaged spouses incapable of maintaining the lifestyle that their marriage afforded are a just a few examples.

Starting January 1, 2019, the tax laws that currently apply to spousal maintenance (which have been in place for more than 70 years) will be completely annihilated. What might this mean for you in your Illinois divorce, and how might it impact your future financial well-being? Learn more in the following sections, and discover how our seasoned divorce lawyers may be able to help mitigate the issues in your case.

Understanding the Changes to Spousal Maintenance Tax Laws 

Although not awarded as frequently as it once was, alimony (also known as spousal support) can provide financial relief for a disadvantaged spouse during and after divorce. Available as either a temporary or, in some cases, permanent aid, alimony is paid by a higher-income spouse to one that is disadvantaged. How do you determine if you are disadvantaged, how much might you be owed, and how can you increase your chances of receiving what you are entitled to in your divorce? The following information explains.

Are You Eligible?

Before an individual can determine the amount of spousal support they may be owed, they must first be deemed eligible for alimony payments. The courts do this by examining the financial situation and other aspects of the marriage, such as: