Category Archives: Alimony
When is Spousal Maintenance Appropriate?
There is a prevailing misconception among many that spousal maintenance is always awarded in Illinois divorces, and this is simply not the case. Multiple questions and factors go into determining whether a grant of maintenance is appropriate, and sometimes the answer may go against a husband or wife who may actually be in need. Hence, if you are going through such a case, it isContinue reading
Should Stay-at-Home Parents Expect Maintenance After Divorce?
While less common than in previous generations, there are still thousands—if not tens of thousands—of parents who do not work a traditional job, instead choosing to stay at home with their children. For these stay-at-home parents—primarily moms, if we are being honest—the prospect of a divorce can be incredibly frightening and overwhelming. Many stay-at-home parents have been out of the workforce for many years, and establishingContinue reading
Knowing What You Want: Asking for Spousal Maintenance in Divorce
The role of each spouse in a marriage is often unique to that particular couple’s needs and circumstances. The days of presuming that the husband will work a nine-to-five job while the wife tends to the home and children are all but gone. Of course, couples are free to choose such an arrangement, just as they are free to choose one in which the wife is theContinue reading
Spousal Maintenance Is Not Guaranteed in Divorce
In previous generations, marital and family relationships looked much different in many ways compared to those today. Many, if not most, relied on a single income—usually the husband’s—while the wife maintained the marital home and cared for the couple’s children. Divorce, although significantly less common than in today’s world, tended to leave one spouse—usually the wife—without the ability to provide for her own financial needs. SpousalContinue reading
Understanding Fixed-Term Maintenance
As part of the family law changes that went into effect this month, courts will now have the authority to enter fixed-term orders for spousal maintenance during a modification review. Dating back to the beginning of last year, fixed-term maintenance has been an option for new orders related to the dissolution of shorter marriages, but has now been extended to modified orders as well. What is Fixed-TermContinue reading
Should I Ask For Spousal Maintenance?
When you are going through a divorce, there will almost certainly be a large number of decisions to make. If your divorce is more amicable, you and your spouse may be able to reach an agreement on many issues. If not, however, the court will be required to decide on concerns such as property division, parental responsibilities, and parenting time. Spousal maintenance, on the other hand,Continue reading
Spousal Maintenance: The Case of the Stay-at-Home Parent
Whether by necessity or by choice, two-income families are certainly becoming the norm in today’s American society. In some situations, both spouses work hard to balance full-time careers with family responsibilities. In others, one spouse may work full-time while the other picks up part-time jobs to make ends meet, while still tending to the needs of the family and, possibly, children. There is, however, stillContinue reading
Cohabitation Can End a Spousal Maintenance Requirement
After a divorce, one party may be required to make spousal maintenance payments to the other for a designated period of time. Sometimes called alimony, spousal maintenance is intended to help offset the financial impact of divorce to a spouse who, in many cases, seeking to regain independence and self-sufficiency. Most court-ordered support awards include a provision regarding the duration of payments, either for a limited numberContinue reading
Can We Negotiate Our Own Maintenance Agreement?
As you navigate the process of divorce, you and your soon-to-be ex will have a large number of issues to consider. You will need to think about which of you will get what property, arrangements for your children, and how you will deal with life after divorce. For many couples, the issue of spousal maintenance, or alimony, can be particularly complex, as it is often difficultContinue reading
Amended Illinois Spousal Maintenance Laws Look to Improve Consistency
Since taking effect on January 1, 2015, new Illinois laws regarding spousal support are already having an impact on divorce proceedings around the state. A few weeks ago, a poston this blog looked at some of the updated provisions, but never really examined what precipitated the changes. Spousal Support Change Was Needed For most of the last three decades, Illinois law had left all decisions regarding alimony, orContinue reading