One of the most common areas of contention in a divorce proceeding is the question of spousal support, or alimony. Because the state of Illinois does not have a set formula for calculating spousal support payments, hashing out the right spousal support payments is tricky, and you should not try to work it out on your own.
This is especially true when discussing “permanent maintenance,” or the indefinite spousal support payment system that many divorce cases include. Permanent maintenance is usually an option when one spouse is at a significant financial disadvantage, either because he or she is unemployable or is only capable of finding low-paying work.
The divorce attorneys at Thaddeus M. Bond Jr. & Associates, PC have years of experience with divorce cases and spousal support issues. We can help you reach a fair and equitable spousal support arrangement.
There are a few different varieties of spousal support. The most important and impactful is undoubtedly permanent maintenance. Because of the indefinite nature of permanent maintenance, negotiating a good deal is vital. The lawyers at Thaddeus M. Bond Jr. & Associates, PC will work toward a spousal support system that does right by you.
The Details of Spousal Support
In “temporary maintenance,” one party pays spousal support to another during the length of divorce proceedings. “Rehabilitative maintenance” is a series of payments one spouse makes to another to enable the receiving spouse to get on his or her feet and become self-supporting.
Permanent maintenance, on the other hand, is a series of spousal support payments that go on indefinitely. While there is no set formula in Illinois law for spousal support, there are some factors that are common to these questions. They include:
- The contribution of each spouse to the value of marital property (homemaker is explicitly recognized as a value-contributor)
- Value of property assigned to each spouse
- The economic well-being of each spouse
- Prenuptial agreements
- Child custody and child support
This is not an exhaustive list. The divorce attorneys at Thaddeus M. Bond Jr. & Associates, PC will be able to walk you through exactly what will be considered in drawing up a spousal support arrangement.
Ideally, any permanent maintenance agreement will be worked out in negotiations between the two parties. This is always preferable. However, should the divorce go to trial a judge will determine how spousal support will be arranged.
Legal representation for permanent maintenance spousal support is exceptionally important. Despite its name, permanent maintenance isn’t truly “permanent;” payments can change based on a change in the situations of either party. If the spouse who is receiving payments dies or gets married, for example, permanent maintenance is usually ended. If the spouse who is making the payments retires, then the payments usually end.
However, the spousal support payments arranged in divorce proceedings will impact you for years, and should not be negotiated lightly or without legal aid. The lawyers at Thaddeus M. Bond Jr. & Associates, PC will be able to explain the process to you.
If you're a resident of the Lake County area and you need to discuss spousal support arrangements with a lawyer, please contact Thaddeus M. Bond Jr. & Associates, PC for a free consultation.