Category: Spousal Support Law in Illinois

Spousal Support Law in Illinois – Resources & Answers to Common Questions

We’re a law firm specializing in divorce and family law. In this section of our site you’ll find articles, resources and answers to common questions about alimony, legal obligations & spousal support in Illinois.

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My Spouse Isn’t Paying Support: What Do I Do?

Court-ordered support is peace of mind if you’re getting divorced or are divorced and rely on maintenance or child support to survive.

There’s just one problem: Any order for support is just a piece of paper, and former spouses don’t always comply.

Most people will wait a couple of weeks, or even a few months, before they decide to take action and seek out legal options. And while you don’t have to seek a remedy right away, it’s important to know your options if you have to go to court to collect.

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The Illinois Maintenance Law Changed…Again

The Illinois Marriage and Dissolution of Marriage Act is undergoing many changes in recent years. Now, the most recent change coming is to maintenance law, which was last changed in July 2015.

HB 2537 was introduced In February 2017 and is designed to, amongst other things, change the threshold for statutory support and the duration of maintenance from the current formula (modifying 750 ILCS 5/504). Read on to find out how maintenance has worked in Illinois over the years, how it’s changing, and what you need to know for your own case.

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Unallocated Support: What You Need to Know

When it comes to divorce in Illinois, most individuals know of two types of support: spousal support, also known as maintenance or alimony, and child support. This means that when people hear that there’s another type of support, they get confused.

In this article, we cover the basics of unallocated support and the benefits of choosing unallocated support over separate maintenance and child support in your divorce.

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Temporary Maintenance and Child Support in Divorce

Divorces take months, even when both spouses agree on all issues. In heavily litigated cases, the process can take years. However, life doesn’t just stop in the process. Bills will continue to come, children have needs, and you need support to continue living while you sort out your divorce.

This is why Illinois courts award temporary maintenance and child support.

In this article, we’ll discuss what each is and when it is generally awarded so you can determine if it may apply in your case.

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Cohabitation and the Termination of Spousal Support

Once a divorce is over, or before it’s over for some, new relationships happen. In fact, some individuals may become very serious with a new partner very quickly. When this happens, some couples move in together. However, this isn’t a great idea if you’re receiving spousal support as part of your divorce.

Illinois law prohibits spousal support if a spouse chooses to cohabitate with another individual. As such, if you’re currently paying spousal support to your ex-spouse but he or she is cohabitating with another individual, you will no longer have to pay.

Read on to learn more about cohabitation and how this affects support.

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Spousal Support Basics: Factors, Calculations, and More

Spousal support is one of the most common issues in any divorce. While many assume that spousal support is always awarded in divorce, this isn’t the case. However, it is awarded in many cases.

In Illinois, spousal support is awarded based on a number of specific factors and a formula that determines both the amount and duration of the support. Below, we describe both in greater detail so you know what to expect as part of your divorce.

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Divorce After 50: What You Should Know

At one point in time, getting divorced after a certain age was viewed as odd, if not unacceptable. In fact, in 1990, only 1 in 10 people who sought out and received a divorce were age 50 or older. Just years ago, that number has grown to more than 1 in 4 people, making the concept much more common.

With this new trend comes something else that’s new: A new set of issues and concerns that are quite distinct from the problems younger couples face in divorce. After all, most people who are getting divorced at age 50 or older have adult children, meaning child custody and parenting schedules are not a concern. Instead, issues such as property division and maintenance are the most significant concerns.

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