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.
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 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.
In an Illinois divorce, an Agreed Preliminary Injunction, or API, can require that the divorcing parties set up a shared bank account into which income should be deposited. Funds can then be allocated to the proper recipients, and this kind of agreement may be especially useful in a high-asset divorce.