Different Types of Spousal Maintenance

Spousal maintenance, also known as alimony or spousal support, is the amount paid by one spouse to the other one after the dissolution of marriage or separation. The purpose of spousal maintenance is to mitigate adverse economic effects of a separation by providing a continuing payment to a low-wage earning or non-earning spouse.To determine which spouse is entitled to spousal maintenance, there are several factors that must be taken into consideration, for instance, one spouse may have foregone their career for their family and alimony will allow the spouse to maintain the standard of living they are accustomed to, while they develop necessary skills to support themselves. Here are different types of spousal maintenance.

Permanent Spousal Maintenance

Permanent Spousal Maintenance is a financial support paid from one spouse to another until one spouse dies or recipient spouse remarries someone else. In many instances, even remarriage does not stop spousal maintenance. For instance, if there was a long-term marriage or perhaps a spouse is a differently able individual, and unable to work in any capacity. Thus, the court will reward them lifetime spousal support regardless if they marry again. The payment mode can range between periodically (often monthly), annuity payments, and a lump sum payment, amongst others.

Temporary Spousal Maintenance

Temporary spousal maintenance, also referred to as alimony pendente lite, only lasts for a specific duration of time. It is usually awarded while divorce proceeding is pending because it can take a considerable amount of time for the final decree to be issued and permanent spousal maintenance is determined under statutory guidelines in Illinois. The court may use predefined formulas and calculator to temporary spousal maintenance.

Rehabilitative Spousal Maintenance

Rehabilitative Spousal Maintenance is a rewarded by a court when one spouse requires assistance to develop a particular skill set, possibly by going to college, completing a certification, or obtaining job training to make an entry or re-entry into the workforce. For example, one spouse may not have worked for years because they were raising their children. Rehabilitative spousal maintenance will enable the dependent spouse to take job training or special classes to help them become financially independent.

Should I Hire A Divorce Lawyer?

When awarding spousal maintenance, the court takes multiple factors into consideration which may include, but not limited to, age, health, earning capacity, present incomes, the standard of living, and duration of the marriage. Thus, whether you are seeking spousal maintenance or have to make payments to your spouse, having legal representation from an experienced divorce lawyer can be advantageous for your case.

A competent divorce lawyer will educate you about spousal maintenance and help you to make more informed decisions. Moreover, a judge has a certain amount of discretion to determine whether a spouse is required to pay spousal maintenance, the amount and duration of the support, amongst other decisions. A seasoned divorce lawyer will devise a strong case in your favor and keep your financial interests protected throughout the litigation process.

If you want to find out more about this subject or wish to schedule a free consultation session with an experienced divorce lawyer, contact Fitzgerald Law Firm by calling at (630) 946-6060.