LucyOften times in divorce or legal separations in Illinois, family circumstances call for reason that one spouse should receive support payments from the other after the couple goes their separate ways. Spousal maintenance, also called spousal support or alimony, is a continual transfer of money from one former spouse to the other, typically on a monthly basis, as required by the divorce decree. Spousal maintenance is not automatic and is different than and separated from child support payments. In divorce negotiation, parties may decide upon a settlement that includes a spousal maintenance provision, which then must be approved by the court. That settlement then becomes a part of the divorce decree. If the alimony arrangement is not severely unreasonable considering financial realities, it will generally be approved by the Illinois courts. If the court decides that the agreement is unreasonable, it has the power to ask the parties to renegotiate or give the judge the power to create an alimony arrangement. If the spouses are still unable or were never able to reach an agreement on the spousal support, the judge will determine what is appropriate under the circumstances and create the payment amounts, duration and schedule. Maintenance can be set for only a set time, indefinite, or set for later review. The parties get a chance to submit evidence that is relevant to alimony to the court. Factors relevant in deciding alimony include:

Illinois maintenance laws state that courts may not consider “marital misconduct” in the consideration of alimony. There are many fine lines and small details that come along with divorce, so if you are considering or are going through a divorce, contact a family law lawyer today. Located in Warrenville and Wheaton, Illinois, the Davi Law Group can help you through all the details of your divorce.