While not all divorces include a provision of alimony, those who are eligible may struggle with deciding whether or not they should pursue it. These feelings can arise for any number of reasons, including uncertainty over how the process works. If you are in the process of divorce and feeling conflicted about your right to alimony, the following information may be able to help.

When May Alimony Be Included in a Divorce?

Because each situation is unique, it is difficult to ascertain whether or not you may be eligible for alimony without first examining your case. However, there are some factors that may indicate that you could be eligible for spousal support in your divorce. These are the same factors that a judge might use to decide if a maintenance award would be appropriate, which may include:

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The subject of alimony (spousal maintenance) can be a touchy one for couples entering the divorce process. It is common for a spouse to request alimony following the dissolution of marriage, but the definition and parameters of alimony can vary and are sometimes difficult to determine. This is often due to differing opinions and disagreements between spouses when it comes time to settle the details.

The purpose of spousal maintenance is to arrange and guarantee financial support for one spouse-provided by the other-to prevent any financial difficulties after the divorce. The spouse who earns less is given a monthly payment from the higher earning spouse to account for regular living expenses and necessities.

The Roles of Mediators and Attorneys

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Under Illinois law, you can modify or terminate your maintenance obligation only upon a showing of a substantial change in circumstances. Additionally, the court must consider a number of different factors in determination as to whether a modification or termination of maintenance is appropriate in your case. There also a few situations in which a maintenance obligation automatically terminates without a showing of a substantial change in circumstances.

Factors to Consider in Changing or Terminating Maintenance

A court that is considering a party's request to change or terminate maintenance is required to take into account a series of factors in making its decision. These factors include the following:

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As part of a final divorce decree a judge may award spousal maintenance. However, that order may not be the final word on the matter. Both sides may be able to come back to the court to ask for a modification of the original order.

When Do Maintenance Payments End?

Illinois law sets out a formula for judges to use when determining how long maintenance payments will last depending on the length of the marriage. However, in most cases, the payments may also end if the spouse receiving the payments remarries or lives with an intimate partner. Because maintenance is a court ordered payment, the spouse making the payments may need to file a motion in court to have the payments officially terminated.

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