Frank & Candid Divorce Info

Question: Alimony, How Long and How Much?

Answer: There were dramatic changes made to our alimony law in Illinois in 1977. And, about the least of which, was that the name of this spousal type support was changed from "Alimony" to "Maintenance". The present law regarding the entitlement and duration of this spousal support award will be explained in this writing.

Maintenance, spousal support, is awarded to the dependent spouse. It is based upon reasonable need and the ability of the other spouse to meet that need.

"Alimony" or "Maintenance" is the same thing.

For the most part, the changes that were made to our alimony law in 1977 remain as our law today. The essence of the 1977 change was to put an affirmative obligation on the "dependant" spouse to reenter the workplace and become financially self-sufficient.

Prior to 1977, alimony was commonly awarded until the death or remarriage of the dependent spouse. After the change in the law, the spouses who qualified for this long term support were generally spouses of a long term marriage, who perhaps were unable to work for health reasons, and who were married to spouses who could afford to meet their reasonable needs. Over the years, the actual term "rehabilitative maintenance" was used less frequently but the courts maintained their efforts to provide reasonable subsidy to the lesser earning spouse.

While the determination of child support is based upon fixed percentages of income, no similar standard exists for alimony/maintenance awards. Maintenance awards are based upon the 12 criteria listed below. These criteria serve as a guide for the court to follow but the facts underlying them are subject to dispute.

I might add that there seems to be a trend developing in our case law which is making it easier for spouses for long term marriages to get maintenance for much longer periods of time even if they are not necessarily in bad health.

The courts make every effort to provide equity and fairness.

Maintenance may be paid from the income or property of the other spouse after the Court considers the following relevant factors:

1. The income and property of each party, including the marital property apportioned and non-marital property assigned to the party seeking maintenance;
2. The needs of each party;
3. The present and future earning capacity of each party;
4. 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;
5. 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 it appropriate that the custodian not seek employment;
6. The standard of living established during the marriage;
7. The duration of the marriage;
8. The age and the physical and emotional condition of both parties;
9. The tax consequences of the property division upon the respective economic circumstances of the parties;
10. Contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse;
11. Any valid agreement of the parties; and
12. Any other factor that the court expressly finds to be just and equitable.

Terminating, Reviewing or Modfiying Maintenance Awards

Illinois' Maintenance statute was amended (effective January 1, 2004). It now gives the court 8 factors to use as criteria in deciding petitions that seek modification, termination or a review of maintenance. Until January 1, 2004, the courts were limited to the use of the 12 initial critera of the initial maintenance award.

The eight new statutory factors included in Sec. 510 (a-5) are as follows:

1. Any change in the employment status of either party and whether the change has been made in good faith
2. The efforts, if any, made by the party receiving maintenance to become self-supporting, and the reasonableness of the efforts where they are appropriate
3. Any impairment of the present and future earning capacity of either party
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4. he tax consequences of the maintenance payments upon the respective economic circumstances of the parties
5. The duration of the maintenance payments previously paid (and remaining to be paid) relative to the length of the marriage
6. The property, including retirement benefits, awarded to each party under the judgment of dissolution of marriage, judgment of legal separation, or judgment of declaration of invalidity of marriage

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