Maintenance. Alimony. Spousal Support. Help!?

In many divorce cases, one spouse may be entitled to receive financial support from the other, which was traditionally referred to as alimony or spousal support. However, in the state of Illinois, including Chicago, this form of support is now known as maintenance. Understanding what maintenance entails and how it is determined can be crucial for individuals navigating divorce proceedings.

What is Maintenance?

Maintenance, formerly known as alimony or spousal support, refers to the financial support that one spouse may be required to provide to the other following (or during) a divorce or legal separation. The purpose of maintenance is to make sure that both spouses have a similar lifestyle during and post-divorce. If someone is a lesser earner, then that is also taken into consideration.

In Chicago divorce cases, maintenance is not automatically granted. Instead, it is determined based on various factors, including but not limited to:

• Income Disparity: The court will consider the income and earning capacity of each spouse. If one spouse earns significantly more than the other, maintenance may be awarded to balance the financial discrepancy.
• Length of Marriage: How long a couple has been married is a key component in maintenance. A longer marriage increases the likelihood of maintenance awards, especially when one spouse has been out of the workforce for an extended period.
• Standard of Living: The court will assess the standard of living established during the marriage and aim to ensure that both spouses can maintain a similar lifestyle post-divorce to the extent possible.
• Financial Needs and Obligations: Each spouse’s financial needs and obligations, including childcare expenses and debt obligations, are taken into account when determining maintenance.
• Contributions to the Marriage: The court may consider each spouse’s contributions to the marriage, both financial and non-financial, when determining maintenance. For example, if one spouse supported the other through education or career advancement, this may influence the maintenance decision.
• Health and Age: The health and age of each spouse are also factors that the court may consider. For instance, if one spouse has health issues that limit their earning capacity, maintenance may be awarded to provide financial support.
• Employability and Education: The court will assess each spouse’s employability and educational background. If one spouse requires additional education or training to become self-sufficient, maintenance may be awarded to support them during this transition period.

In Chicago, maintenance can vary greatly in duration and amount, depending on the circumstances of the case. Temporary maintenance may be awarded during the divorce proceedings to provide support until a final maintenance determination is made. Permanent maintenance, on the other hand, may be awarded for an indefinite period, especially in long-term marriages where one spouse is unable to achieve financial independence.

Maintenance, formerly known as alimony or spousal support, plays a crucial role in many Chicago divorce cases. By understanding the factors considered in determining maintenance and the types of maintenance available, individuals can better navigate the divorce process and ensure that their financial needs are met post-divorce. Consulting with a knowledgeable family law attorney at WARD FAMILY LAW, LLC can provide further guidance and assistance in seeking or contesting maintenance awards in Chicago divorce cases.  Jennifer R. Ward is available for a consultation to discuss your case; you can schedule with her directly via email at jward@wardfamilylawchicago.com or via telephone at 312-803-5838.