In Illinois, an award of maintenance (formerly known as “alimony”) may be ordered in the final Judgment for Dissolution of Marriage. The judge can also order temporary maintenance to be paid during the divorce process itself. If maintenance is not awarded in the final Judgment, neither party can come back into court and ask for maintenance.
In Illinois, the court may grant a temporary or permanent maintenance award in an amount and for periods of time as the court deems just after consideration of all relevant factors, including:
The income and property of each party, including marital property apportioned and non-marital property assigned to the party seeking maintenance;
The needs of each party;
The present and future earning capacity of each party;
Any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having foregone or delayed education, training, employment, or career opportunities due to the marriage;
The time necessary to enable the party seeking maintenance to acquire appropriate education, training and employment, and whether that party is able to support himself or herself through appropriate employment or is the custodian of a child making is appropriate that the custodian not seek employment;
The standard of living established during the marriage;
The duration of the marriage;
The age and the physical and emotional condition of both parties;
The tax consequences of the property division upon the respective economic circumstances of the parties;
Contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse;
Any valid agreement of the parties;
Any other factor that the court expressly finds to be just and equitable.
As experienced attorneys, we can help you analyze whether your particular situation is appropriate for maintenance.