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Spousal maintenance, or alimony, is money one spouse may be required to pay to the other spouse during or after a divorce. Maintenance is not automatically awarded in every Illinois divorce case. Before awarding any amount, the court considers the income and property of each spouse, their financial needs, earning ability, duration of the marriage, standard of living during the marriage, and whether one spouse sacrificed career or educational opportunities for the family.
Where guideline maintenance is applicable, Illinois law sets out a formula for determining the amount and duration of payments. However, every family’s circumstance is different and the courts can deviate from the guidelines where appropriate. Whether you are asking for maintenance or may have to pay it, understanding how income, property division, employment, parenting responsibilities and other financial factors fit together can be important.
Maintenance decisions can have an effect on both spouses for years after the divorce is finalized. Someone seeking support may need enough time and financial security to become self-sufficient. The paying spouse may worry about an obligation that does not fairly reflect the parties’ financial situations. Better to raise these early, to avoid surprises down the line.
At O’Flaherty Law, we take the time to understand your whole financial picture. Our attorneys can review income, assets, debts, employment history and other factors that may affect maintenance. If you are negotiating maintenance as part of a settlement or bringing the matter before a judge, we develop a practical strategy based on your goals and circumstances
The maintenance order entered today may not be reflective of your circumstances years from now. Depending on the terms of the original judgment, maintenance can be reviewed or changed if there has been a significant change in circumstances in some cases. Job changes, major income changes, and the progress of the recipient spouse toward self-support may all become important considerations.
Maintenance might also cease in some situations. Illinois law generally provides that future maintenance terminates upon the death of either party, the remarriage of the party receiving maintenance, or qualifying cohabitation, unless otherwise agreed by the parties. Should you need to revisit your maintenance obligation due to a change in your financial circumstances, an attorney at O’Flaherty Law can help you determine what options might be available to you.
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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.
207 W. Jefferson St STE 313
Bloomington, IL 61701
I am personally committed to ensuring that each one of our clients receives the highest level of client service from our team. Our mission is to provide excellent legal work in a cost-effective manner while maintaining open lines of communication between our clients and their attorneys. Many of our clients are going through difficult times in their lives when they reach out to us. They should feel comfortable leaning on the experience and knowledge of our attorneys as their counselors and advocates. We are here to help!

Yes. Being employed does not automatically prevent someone from receiving maintenance in Illinois. The court considers the incomes, needs, earning capacities, property, and overall financial circumstances of both spouses. A significant difference in earnings or a spouse’s reduced earning potential because of decisions made during the marriage may still support a maintenance award.
It can. Illinois law generally provides that maintenance may terminate if the person receiving it cohabits with another person on a resident, continuing conjugal basis. Simply dating someone does not necessarily meet this standard. Whether cohabitation exists depends on the circumstances, and the issue may need to be decided by the court.
Potentially. Certain maintenance awards can be modified after a substantial change in circumstances. A court may consider changes in employment and income, including whether the employment change was made in good faith. Because modification generally requires court action, a person should not simply stop or reduce payments based on a job loss without addressing the existing maintenance order.