Alimony in Illinois is typically referred to as spousal support or maintenance, and it involves one former spouse paying support to the other, less wealthy spouse. Many people going through a divorce are aware of the concept of alimony but are unaware that there are multiple kinds of support, each with their own requirements and stipulations.
Types of Alimony
In Illinois, there are four main types of spousal support awarded by the courts: permanent periodic maintenance, temporary maintenance, rehabilitative maintenance, and reviewable maintenance. The terms and rules regarding spousal support can be found in Section 504 of the Illinois Marriage and Dissolution of Marriage Act (IMDMA).
Permanent Periodic: This type of spousal support is available when the couple was married for many years, and one spouse will be unable to achieve a lifestyle comparable to that enjoyed during the marriage. Payments are usually made once or twice per month, and they can be modified on a showing of a change in circumstances.
Temporary: This type of maintenance is available to a spouse from the moment that the divorce papers are filed until the divorce becomes final. It can take over a year to finalize a divorce, and this type of alimony is meant to be used to pay for household bills and other common expenses while the divorce is ongoing.
Rehabilitative: This type of alimony is available for a spouse who needs time to become financially independent. Typically, this type of maintenance comes with a specific time frame in which a spouse is paid while he or she attends school or training in order to become financially self-sufficient. This is often seen when one spouse stayed at home with the children during the marriage while the other spouse worked and needs time to return to the workforce.
Reviewable: This type of spousal support is a form of permanent periodic maintenance, but instead of an unlimited time frame the court reviews the agreement after a certain period of time in order to determine whether the receiving spouse has become financially independent. The court is allowed to modify, extend, or terminate the support based on the review.
Unallocated Spousal Support
If a child or children are also involved in the divorce, the paying spouse also has another option of payment in the form of unallocated spousal support. Typically, in this situation the paying spouse is in a higher tax bracket and there is significant tax savings if the payment for both alimony and child support is made in one lump sum every month.
This arrangement can be beneficial to all parties involved. The paying spouse receives tax savings on the payments, and the receiving spouse can get an increased net income.
Call an Illinois Family Law Attorney Today
If you or someone that you know has questions regarding the types of alimony available after a divorce, or any other family law question in the DuPage, Will, or Kane County areas, let the experienced Illinois family law attorneys at Sullivan Taylor & Gumina, P.C. help. Call or contact the office today to schedule a confidential consultation to discuss your case.