One of the biggest areas of disagreement during divorce in Illinois has to do with alimony, or spousal maintenance. Even if a person ends up receiving spousal maintenance, a challenge may arise if the person paying the spousal maintenance suddenly gets into an accident that keeps him or her from being able to return to work, for example. A few tips may help people seeking spousal maintenance during divorce to financially protect themselves in such a situation.
Those engaged in divorce proceedings in Illinois and elsewhere typically seek to reach a peaceful settlement and resolve disputed matters in an amicable fashion. Nevertheless, couples sometimes face complicated issues and benefit from ongoing counsel and assistance. Illinois law states that martial property is subject to equitable property division in a divorce proceeding. This might bring about contested issues for one or both of the people involved.
Going through a divorce can deal a financial blow to a person in Illinois, especially if the individual has been financially dependent on his or her soon-to-be-ex. Fortunately, spousal maintenance may be awarded if one divorcing party has a monetary need and the ex has the ability to pay. Spousal maintenance can be either permanent or temporary depending on one's situation.
Being ordered to send monthly spousal maintenance payments may be a hindrance for some former spouses because they want to be free of any reminders of their former marriages. Others might simply be worried about accidentally missing a payment. Those who are divorcing in Illinois and are negotiating spousal maintenance could avoid monthly payments by paying it all in a lump sum.
The state of Illinois has specific factors it takes into account when determining spousal support. These guidelines include the income and property of each party, the needs of each party and the realistic earning capacity of each party. When making a ruling, a judge will generally consider the amount of support needed to help the petitioning party maintain the same lifestyle enjoyed during the marriage.
When a couple gets a divorce, one party may receive alimony from the other. Alimony is typically awarded to help one spouse maintain a previous standard of living until he or she is able to find work and support him or herself. There are a variety of factors that a court will take into consideration when determining how much alimony to award.
When a married couple decides to divorce, the issue of spousal support, also known as alimony, may arise. This matter can be decided outside of a court, but if a couple cannot come to an agreement, it will be up to a judge to determine if spousal support is owed, how much will be paid and for how long.