During a divorce, you and your spouse may address and discuss various marital issues such as who might pay and who might receive maintenance, which is also known as spousal support or alimony. If you have a divorce case pending and are seeking financial support from your spouse, an Orland Park alimony lawyer could help you with any questions you may have regarding your legal rights to support, types of alimony, factors that determine the amount of support, modification and/or termination laws. Speaking to a seasoned family attorney from Reidy Law Office LLC may give you a better understanding of your rights and your legal options.
Alimony—also known as spousal support or spousal maintenance—is the sum amount of financial support obligations, either temporary or permanent, of one divorced spouse to the other. In Orland Park, the court may grant one or more of the following types of alimony.
Permanent alimony, or long-term alimony, may go to the receiving spouse for a set period which is usually equal to the length of the marriage or on a permanent basis. This type of support generally applies to long-term marriages, such as ones that lasted for over 20 years.
Rehabilitative alimony, or short-term alimony, is meant to support the receiving spouse long enough for them to gain the necessary skills to become self-supporting. Once they achieve this, the mandated support may be cut off.
Temporary support goes to a spouse during the divorce process and ends with the final judgment of divorce. To acquire such an award, the requesting spouse must file a petition with an attached financial affidavit stating a “factual basis for the relief requested.” If you have any questions about the available types of alimony, call one of our Orland Park alimony attorneys.
Courts in Illinois calculate maintenance by taking 30 percent of the payor’s income and subtracting 20 percent of the payee’s income. However, the payee may receive no more than 40 percent of the combined gross income of both involved parties.
There are also several other factors the court may consider when determining maintenance. Under 750 Illinois Compiled Statutes 5/504(a), the court may determine spousal support through consideration of the following factors:
An individual could petition to modify a maintenance order if there is a substantial change in circumstances such as changes in employment, any impairment to earning capacity, and/or an increase or decrease in income. Alimony payments can end either due to the death of either spouse or by the receiving spouse’s remarriage or cohabitation with a new partner.
A divorce may put a great deal of financial strain on you, and it may often be difficult to know how much maintenance to seek or even what the alimony could cover. If you are seeking payments from your former spouse, or vice versa, contact an Orland Park alimony lawyer for help with your case. Reidy Law Office LLC can be reached by calling (708) 580-6767.