Maintenance: What are the types?

Maintenance: What are the types?

During a divorce, it may be determined that one spouse is entitled to maintenance, formerly known as alimony or spousal support.  . In Illinois, there are a number of factors to determine if maintenance is even applicable in your case.  If maintenance is applicable, the court will consider a number of factors including, but not limited to, the length of the marriage, the incomes of the parties’, the standard of living during the marriage, and each party’s earning potential.  The court can also determine how much maintenance is to be paid, and the duration (or length of time) of the maintenance payments.

The judge may award one of three spousal maintenance types, according to the Illinois statutes.

1) Fixed-term maintenance

Fixed-term maintenance is where a party may receive maintenance for a specific amount of time that the court designates. After the specific amount of time expires, maintenance terminates.  You may not come back to the court to request additional maintenance payments.

2) Indefinite maintenance

Indefinite maintenance is where a party will receive maintenance indefinitely – or until a substantial change in circumstances occurs.  A substantial change in circumstances may be, but is not limited to, if the party receiving maintenance remarries or cohabitates with another individual on a continuing, conjugal basis, if the party paying maintenance loses his/her employment, or if one party passes away.  If a substantial change in circumstances occurs, maintenance may be terminated, or recalculated.  T

3) Reviewable maintenance

Reviewable maintenance allows the judge to designate a future date to determine if the party receiving maintenance is still in need of maintenance payments.  In determining if the party still needs maintenance payments, the court will look to the original factors when the court first allocated maintenance.

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