In this article...

Alimony and spousal support laws in Illinois change in accordance with the community and this article discusses recent changes in Illinois alimony and spousal support laws for 2022.

Alimony and spousal support laws in Illinois change in accordance with the community and this article discusses recent changes in Illinois alimony and spousal support laws for 2022.  

In Illinois there are five main types of alimony or spousal support; temporary, fixed-term, reviewable, permanent, and lump-sum. Learn more about each type below.

Read our recent article for a general overview of Illinois Spousal Maintenance.

Temporary Spousal Support in Illinois

Temporary spousal support or alimony in Illinois is spousal support that is aimed to get a spouse back on their feet while the divorce action is still pending in court. The temporary spousal support is aimed to cover the living costs and expenses of the spouses and is given to a spouse when they live separate and apart from their spouse during the divorce action. A spouse who wants temporary alimony must request this in the initial divorce pleading although the spouse can ask later for the temporary alimony if it is necessary, A temporary alimony award will end once the divorce is finalized.

Fixed-Term Spousal Support in Illinois

Fixed-term Spousal Support or alimony in Illinois is awarded in situations where the alimony is set for a set time frame. This is so that one spouse can allow the other spouse to become self-supporting and is appropriate in circumstances where:

  • The spouse gave up their career to take on raising children or taking care of household duties during the marriage.
  • The spouse seeking alimony gave up educational or work opportunities during the marriage because they relied upon their spouse's income
  • The spouse seeking the spousal support has a very limited earning potential and must obtain education and or training in order to maintain her accustomed standard of living once the spousal support payments discontinue.

Reviewable Spousal Support in Illinois

Reviewable Spousal Support or alimony in Illinois is similar to fixed term spousal support but it is not awarded for a specific timeframe it is awarded so that the spousal support recipient can continue to receive payments but that it is subject to periodic judicial review by the court, this type of spousal support is contingent on the receiving spouse to make a good faith effort to become independent of the payor spouse.  Reviewable spousal support is appropriate where the receiving spouse does not have a clear-cut path on becoming self-sufficient or employed, or where raising children interfere with the receiving spouse’s ability to try to obtain educational or job training without interruption.

Learn about how cohabitation can affect spousal support payments in our recent article.

Permanent Spousal Support

Permanent spousal support or alimony is permanent in nature and is financial support that is awarded for the remainder or the receiving spouse’s lifetime, under the Illinois Marriage and Dissolution of Marriage Act permanent spousal support or alimony is only available in divorces involving marriages that lasted for 20 years or longer and the court in its discretion shall order permanent maintenance for a period equal to the length of marriage.

Lump Sum Alimony

Lump sum alimony in Illinois simply means a one-time payment to pay the payee spouse the amount of money needed to cover all of their alimony needs, sometimes it is in the best interest of all the parties involved to make one single payment to pay all of the alimony obligation.

Termination of Spousal Support in Illinois

Although alimony is permanent in some cases and temporary in others, there are situations where alimony will cease all together. This will happen when the spouse who receives alimony/spousal support has substantial changes in their life including the following:

  1. Gets remarried
  1. Cohabitates with a new partner
  1. Foregoes a substantial change in circumstances that was unforeseen at the initial time that the original alimony order was entered

At this point, it is up to Illinois courts to determine whether the alimony payments are to continue or if changes need to be made to the original agreement.  

For more information on terminating spousal maintenance, read our recent article.  

Factors for Determining the Duration and Amount of Alimony in Illinois

In Illinois, there are statutory guidelines that will state how much alimony a spouse will receive. An Illinois judge may depart from the traditional guidelines at the judge’s discretion if they believe it would be fair and justice would require to do so. For a more in-depth guide on calculating spousal support payments, read our article on How to Calculate Illinois Spousal Maintenance.

Below are examples of the statutory guidelines durations for alimony:

If you or someone you know has questions about spousal support in Illinois, please give us a call at (630)-324-6666 or fill out our confidential contact form and a member of our team will be in touch.  

Posted 
 in 
Text Link
 category

What to Expect From a Consultation

The purpose of a  consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us. Although most consultations are complimentary, some may carry a charge depending on the type of matter and meeting location.

Similar Articles

Heading

Learn about Law
Indiana
Illinois
Iowa