The silver lining in any divorce is the hope for a better future. Many divorced individuals eventually meet someone new and get remarried. If you have previously been married, and you are now planning to marry for a second or subsequent time, you are probably busy planning the wedding and building a life with your new partner. However, it is essential that you take the time to consider how your remarriage can impact the terms of your previous divorce. It is also important to start thinking about the unique issues that may be present in a second or third marriage.

Spousal Maintenance Typically Terminates Upon the Recipient’s Remarriage

Per Illinois law, spousal maintenance or alimony terminates if the recipient gets remarried. In addition, spousal maintenance usually terminates once the recipient begins cohabitating with a new partner. If you plan to remarry, you must inform your ex. If you do not tell your ex, and he or she pays you maintenance after you are remarried, you may be forced to reimburse him or her for any maintenance you received after the date of your marriage.

Child Support Can Be Influenced by Remarriage

Child support may or may not be influenced by the remarriage of either parent. Step-parents do not have a legal obligation to financially support their step-children the way that biological parents do. However, the court considers each parent’s financial circumstances when determining a fair child support payment amount. If a parent gets remarried, and this significantly increases the amount of disposable income the parent has, this may influence the amount of support he or she pays or receives.

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:

• 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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If you are planning to divorce, you probably have questions about alimony or spousal maintenance. There are two avenues through which maintenance is typically awarded in Illinois: a marital agreement or a court order. If you and your spouse have already decided upon a spousal maintenance arrangement through a valid prenuptial agreement or postnuptial agreement, you will likely be subject to the terms contained in that agreement. If no such agreement exists, you or your spouse may petition the court for a spousal maintenance order during your divorce. If you are considering divorce, it is important to know the basics of how and when spousal support is awarded in Illinois.

Is Spousal Maintenance Always Ordered During an Illinois Divorce?

Only a small number of divorce cases involve an order for spousal support. When determining whether or not a spouse is entitled to maintenance, the courts consider a variety of economic and circumstantial factors. These factors include, but are not limited to:

• Each spouse’s income, assets, present earning capacity, and future earning capacity.

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Technology has changed the way we communicate with loved ones, do our jobs, and generally interact with the world. If you are getting divorced, there are several things you should keep in mind with regard to your digital life. Social media is becoming increasingly relevant in divorce cases and family law disputes. Your use of technology and the Internet may seem unrelated to your divorce at first glance, but there are many different ways that social media, smartphones, email, and other online-based services can impact the outcome of your divorce. In some cases, it can affect spousal maintenance (alimony) and the allocation of parental responsibilities (child custody). 

Change Your Passwords

According to one study, 67 percent of respondents reported that they knew their spouse’s log-in credentials. Even if you and your soon-to-be ex-spouse are on amicable terms, it is still a good idea to change your passwords when you separate from your spouse to maintain a sense of privacy. It may also be helpful to turn off “location sharing” on applications and websites. You may be logged into your email, Facebook account, or your bank’s website on shared devices like tablets or laptops and not even realize it. It is recommended that you change passwords for:

Although the overall divorce rate in the United States has been declining, there is one demographic that is getting divorced more now than ever before. People over age 50 are divorcing at a rate which is double what it was 30 years ago. Some of these divorces involve couples who were married for 10, 20, or even 30+ years. Deciding to get a divorce after a long marriage can be one of the hardest choices a person ever makes. Leaving the comfort of a familiar relationship to find a happier life as a single person can be understandably intimidating. In addition, spouses who divorce after a long marriage must consider issues that other couples may not need to worry about.

Adjusting to the Change May Be Emotionally Strenuous

While any divorce is going to involve a degree of emotional and psychological stress, ending a long marriage can be especially difficult. If you and your spouse have been together for many years, adjusting to life without that person can be painful – even if you are the one who initiated the separation. Experts encourage individuals going through divorce after a long marriage to consider finding additional sources of support. This may include speaking with a counselor, joining a support group, or simply reaching out to friends and family that you trust.   

You or Your Spouse May Be Entitled to Spousal Maintenance

In Illinois, alimony or spousal support is referred to as spousal maintenance. While this type of support is not awarded in every divorce, the chances of spousal maintenance being a concern in your divorce increases if the marriage lasted a long time. Maintenance is most often awarded when a spouse sacrificed their educational or career opportunities for the benefit of the marriage or family. For example, if a mother stayed home to raise the couple’s children for the last 15 years, reentering the workforce is going to be extremely difficult. The court may award the mother rehabilitative maintenance until she can gain the skills or education needed to obtain employment. In some divorce cases, especially those involving a marriage of 20 years or more, permanent spousal maintenance may be awarded.