What Are the Different Types of Spousal Maintenance?

 Posted on July 12, 2021 in Uncategorized

The divorce process entails an extensive list of divisions between the two spouses, including property division and the allocation of parental responsibilities. At the end of the day, the court’s goal is to ensure that the two separating parties complete the process as equals. While not legally required, awarding spousal maintenance, or alimony, can help to achieve this. A Kane County family law attorney can aid in pursuing spousal maintenance effectively.  There are multiple types of spousal maintenance to consider. Before doing so, you should make sure that it is the right path for your situation. If there is a substantial income discrepancy between the separating parties, spousal maintenance is likely appropriate.

The Main Types of Spousal Maintenance in Illinois

In Illinois, spousal maintenance is not guaranteed. Unless you have signed a marital agreement promising maintenance, the court has the discrepancy to award spousal maintenance or spousal support on a case-by-case basis.

Temporary Maintenance

During the divorce process, under Illinois law, a spouse may request temporary maintenance. LIke the name implies, this type of maintenance is short-term and will end at the finalization of the divorce. Temporary maintenance is typically granted in order to maintain the supporting spouse’s financial status quo. Before approving this request, a court will first evaluate the incomes, needs, and responsibilities of each spouse.

Fixed Term Maintenance

Fixed Term maintenance allows for financial support for a specific duration of time. During the period of financial support, the requesting spouse is expected to become financially independent. This may be granted to spouses who chose to take on the responsibility of homemaker instead of pursuing higher education or job training.

Reviewable Maintenance

Reviewable maintenance has no specified cut-off date. The court will assess it on a periodic basis. Reviewable maintenance is provisional and granted based on the possibility of the spouse becoming self-supporting. Courts may award reviewable maintenance or temporary maintenance if they believe that the recipient spouse may struggle to become self-supporting.

Permanent Maintenance

Permanent maintenance is also sometimes referred to as "indefinite maintenance". This is because, while permanence implies that the support will last the remainder of the supported spouse’s lifetime, the court does have the power to terminate the maintenance. Typically, permanent maintenance is only applicable for marriages lasting at least 20 years. This type of maintenance is only approved for spouses who cannot become self-supporting after the divorce.

Contact a Geneva, IL Family Law Attorney Today

If spousal maintenance is appropriate for your situation, it is important to decide which type best fits your situation. A Kane County attorney can help you pursue the best fit spousal maintenance for your divorce. Contact McSwain Rapp Law, LLC today at 630-581-2877 for a free consultation.

Sources:

https://www.divorcenet.com/states/illinois/ilfaq_06

https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm