The Trouble With Spousal Maintenance

spousal maintenanceAlimony, or spousal maintenance, as it is called in Illinois, is a court-mandated support payment paid from one spouse to the other in a divorce. According to the American Academy of Matrimonial Lawyers (AAMA), there are three types of maintenance that may be ordered by the court for one spouse to pay after a divorce. The first is temporary, which is paid until the divorce is finalized. Rehabilitative maintenance is awarded in the event that the supported spouse is capable for finding work or another source of income, until he or she is able to do so. Reviewable maintenance is awarded to the supported spouse and reviewed after a court-mandated period of time to determine if the maintenance is still necessary to be paid the supported spouse.

According to the AAMA, there are several factors that the court uses to determine whether or not a divorcing party qualifies for maintenance. The length of the marriage is one of the top deciding factors, as is the disparity in the earnings of the divorcing parties. Health, age, and social factors (including the ability of either party to secure income after the divorce) are also taken into consideration. To determine whether or not you will likely have to pay or be awarded spousal maintenance after a divorce, it is imperative to consult with a family law attorney.

While it may seem a good thing, according to Time, there are several things wrong with the system of spousal maintenance, regardless of what state the divorce is taking place. According to Time, maintenance is one of the most contentious issues in a divorce, and nearly 80 percent “of divorce cases involve a request for modification of alimony.”

The main issue with spousal maintenance, according to Time, is that there is no one standard for deciding how much is awarded and how long it is paid, as there is for issues of child support. Some states are currently experimenting with implementation of such regulation, and other states have abandoned with practice of maintenance all together.

If you or someone you know is facing divorce and has questions about spousal maintenance or any other issue, do not go through it alone. Contact an experienced DuPage County family law attorney today.

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