Illinois courts award spousal maintenance (also known as alimony or spousal support) when a divorcing spouse requires monetary assistance based on his or her financial and employment circumstances. There are many different factors that determine whether a spouse receives support and the amount of support he or she is entitled to. If a couple has signed a valid marital agreement dictating the terms of spousal maintenance, Illinois courts will typically uphold the terms contained in the agreement. Otherwise, if a spouse wishes to receive spousal maintenance, he or she must petition the court and explain his or her need for support.
Alimony May Be Temporary, Fixed, Reviewable, or Indefinite
The type, amount, and duration of spousal maintenance is based on the needs of the spouse seeking support, the financial resources of both spouses, and the amount of time the couple was married. There are four main categories of spousal maintenance in Illinois:
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Temporary maintenance: Temporary maintenance is awarded to a spouse when he or she needs financial support during the divorce proceedings. An order for temporary maintenance terminates when the divorce is finalized. Spouses requiring this type of support can include a petition for temporary maintenance when they file for divorce, or they can submit a petition for temporary relief after the initial filing.
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