Spousal support refers to payments that one spouse makes to the other after a divorce. In Illinois, alimony or spousal support is called “spousal maintenance.” Not all divorce cases involve an order for maintenance. However, maintenance may be available in certain situations.
Whether you are interested in seeking maintenance payments from your spouse or you suspect that your spouse will petition the court for maintenance, it is important to understand your rights and responsibilities under Illinois law.
Premarital Agreement or Postnuptial Agreement
A prenuptial agreement or postnuptial agreement is a document that describes each spouses’ financial rights and responsibilities in the event of divorce or death of a spouse. Prenups may be used to differentiate marital property from non-marital property, assign spousal maintenance, and more. If you and your spouse have signed a prenuptial agreement allocating spousal maintenance, the court will uphold the agreement unless there are concerns about the legal enforceability of the agreement.
Agreement Between the Spouses During the Divorce
Some divorcing spouses are able to reach an agreement about spousal maintenance terms without the court’s intervention. During divorce spouses usually work with their respective attorneys to help them negotiate the terms of their divorce. Collaborative law is another alternative resolution method that spouses may use to reach an agreement about spousal maintenance and other divorce concerns.
Petitioning the Court for Maintenance
If spouses cannot reach an agreement about spousal maintenance on their own, the court will intervene. Illinois courts consider each spousal maintenance petition on a case-by-case basis. First, the courts will determine if maintenance is appropriate given the spouses’ financial circumstances. The court will evaluate the income, assets, and earning capacity of each party as well as the standard of living established during the marriage. If maintenance is awarded, a statutory formula is typically used to determine the amount of maintenance a spouse will receive. The duration of maintenance payments is primarily based on the duration of the marriage. The longer the couple was married, the longer maintenance payments last. Courts have the authority to deviate from these standards if the circumstances warrant it.
Contact a DuPage County Spousal Maintenance Lawyer
Spousal maintenance may be agreed upon by divorcing spouses or awarded by the court. If you want to learn more about spousal maintenance or other divorce matters, contact the skilled Wheaton divorce lawyers at MKFM Law. Call us today at 630-665-7300 for a confidential consultation.
Source:
https://www.ilga.gov/
