Alimony (Maintenance)

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 on the disparity of the incomes of the parties and other considerations.

"Alimony" or "Maintenance" are the same.

Prior to 1977, alimony was commonly awarded until death or remarriage of the dependent spouse. Today, the only spouses that get maintenance until their death or remarriage are those that fit all of the following three criteria: inability to work because of health reasons, a lengthy marriage and an ex-spouse that has the ability to meet the needs of the dependent spouse.

Spouses that don't meet all of the above-mentioned three tests will only be awarded maintenance until such time as they are occupationally rehabilitated. Our present divorce law puts an obligation upon the dependent spouse to become self-sufficient and self-supporting within a reasonable time-frame.

Our legislature felt that what it took from dependent spouses in terms of alimony was compensated for by a simultaneous change in the law affecting property division between spouses. Prior to 1977, Illinois did not have the concepts of "marital" or "non-marital" property. Generally, at that time, if a spouse owned an asset (like a pension) in his or her name, then that asset had to be awarded to that party at the time of divorce. The Court would attempt to offset that property award with a corresponding alimony award. However, as it is explained in another part of this web site, property acquired during the marriage (not by gift or inheritance) will now be divided by the Court no matter in whose name title to that property is held.

The courts make every effort to provide equity and fairness.

Today, 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.

Property acquired during the marriage is divided by the court.

Visa and MasterCard Accepted

This website contains legal information, and not legal advice.
Its content refers only to the law of the State of Illinois.

Gender Neutral Notice

All contact information is received with the utmost respect, privacy and discretion. E-mail communication is limited to the scheduling of consultations. Prospective clients are guaranteed absolute confidentiality.

The Law Offices of J. Richard Kulerski, P.C.
1200 Harger Rd. Suite 320,
Oak Brook, IL 60523
(630) 928-0600 fax (630) 928-0670

© Copyright 1999-2003 J. Richard Kulerski, P.C.  All rights reserved.
This site is protected by copyright and trademark laws under U.S. and International Law.

top of page