Alimony and Maintenance

How Alimony and Maintenance Works in Illinois

Alimony (called maintenance in Illinois) is financial support a higher-earning spouse pays to the lower-earning spouse for a period of time after divorce. Unlike child support, there are no specific formulas that mandate whether maintenance should be paid or how much it should be. There are, however, numerous factors the court must consider. Once again, having an experienced family law attorney on your side will make all the difference.

At Murphy & Dunn, P.C. in Peoria, Illinois, contact our attorneys for an initial consultation to discuss how alimony is determined and whether or not it is likely to be an issue in your divorce.

How Alimony or Spousal Maintenance Is Determined

Unlike child support, there are no guidelines that say whether alimony or maintenance should be paid or how much it should be. Instead, the court will look at 12 factors such as the length of the marriage, each party's earnings and earning potential, the financial needs of each party, the age and physical condition of each party, and the standard of living established during the marriage.

How long alimony or maintenance continues usually depends on the length of the marriage. In a short-term marriage, alimony or maintenance would typically not continue for a long period following the divorce. If the parties were married for a lengthy period of time, then alimony or maintenance may continue until the recipient remarries or becomes self-sufficient, even for the rest of a person's life.

Because there are no strict guidelines, two different lawyers (as well as two different judges) can have very different ideas on how much alimony or maintenance should be paid and how long it should continue. For this reason, it is extremely important to be represented by an experienced attorney who can present a persuasive argument to support your position.

When Alimony or Maintenance Terminates

In Illinois, alimony or maintenance automatically terminates if either party dies, remarries or lives with someone else on a continuing conjugal basis. It is possible to live with someone on a conjugal basis even while maintaining separate residences. The determination of whether these facts apply can be very tricky and requires experienced trial counsel.

For A Free Initial Attorney Consultation

Contact us today for your free initial consultation. Parking is free. To set up an appointment, please call us at 866-681-5405, or fill out the contact form on this Web site. " We now have two office locations to serve you better. Our man office is located at 456 Fulton Street, Suite 425, Peoria, Illinois 61602.