Alimony or Maintenance is generally awarded to spouses who are a part of a long term marriage, who perhaps were unable to work for health reasons and who were married to spouses who could afford to meet their reasonable needs. Courts have maintained their efforts to provide reasonable subsidy to the lesser earning spouse.
Alimony or Maintenance awards are based upon the following:
Income and property of each party
Needs of each party
Present and future earnings of each party; including any impairment of this earning capacity due to the party devoting time to domestic duties, having forgone or delayed education,
training, employment or career opportunities; including time needed to cure such impairment
Standard of living established during the marriage
The duration of the marriage
Age, physical and emotional condition of both parties
Tax consequences of the property division of the parties
Contributions and sources by the party seeking maintenance to the education, training, career or career potential or license of the other spouse
Any valid agreement of the parties
Any other factors that the courts find just and equitable
Award Modifications
The Court uses six factors in determining if an award should be modified, reviewed or terminated. These six factors are as follows:
Changes in employment status of either party
Efforts made by the party receiving maintenance to become self-supporting
Any impairment of the present and future earning capacity of either party
Tax consequences
Duration of maintenance payments previously paid (and remaining to be paid) relative to the length of the marriage
Property, including retirement benefits, awarded to each party under judgment of dissolution of marriage, judgment of legal separation or judgment of declaration of invalidity of marriage
For a free consultation, call 312-427-7400 today to speak with an experienced Chicago divorce attorney at Leeders & Associates, Ltd. for a free consultation.
Office Locations:
Loop: 20 E. Jackson Blvd., Ste. 850 Chicago, IL 60604
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