The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

Yorkville Office By Appointment

Initial Consultations via ZOOM Available

alimony order, Illinois divorce lawyer, Illinois family law attorney, alimony modification,Alimony, or spousal maintenance as it is called in Illinois, is monetary support paid one spouse by the other, to maintain roughly the same standard of living enjoyed during the marriage, after divorce. The court will rule in favor of maintenance in Illinois, according to the American Academy of Matrimonial Lawyers (AAML), depending on, among other things: the length of the marriage, disparity in earnings of the two partners, whether there are children, and if so, who will be the primary caretaker, and whether one spouse “has given up career opportunities due to the marriage.”  Maintenance will not necessarily ensure that both partners can enjoy the same standard of living after the marriage, because living separately is, in most cases, significantly more expensive than living together.

Maintenance will be paid until the court decides it can be terminated. One major reason that an order for maintenance will terminate is if the party receiving the payments moves in with someone else. According to the AAML, the ex-spouse must be living with someone else on what is determined to be a “resident, continuing, conjugal basis.” This type of cohabitation, in regards to spousal maintenance, is currently a challenging aspect of family law, according to a recent report. The court must determine that the person receiving maintenance is in a “supportive relationship,” which can be tricky to legally prove.

Furthermore, in order to terminate the order, the person paying the maintenance must be able to legally prove that his or her ex-spouse is indeed living with someone else. In the technological era—when cell phones can oftentimes make deception easier—it can be “virtually impossible to effectively prove cohabitation, especially when the cohabiting individuals can manipulate the times they live with one another,” according to the report.

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alimony, alimony payments, Aurora family law attorney, spousal maintenance, spousal supportThe history of alimony as a legal concept dates back centuries and has evolved greatly into its contemporary application. In modern day Illinois, alimony payments are determined by several differing factors. Therefore hiring a family law attorney to assist with these matters is essential to achieving the best possible outcomes.

Alimony in Illinois is often referred to as maintenance, as opposed to the term “spousal support” which is favored in many other states. The definition of maintenance in Illinois family law is very literal and is intended to do exactly what the name suggests. Although there are a few different types of maintenance, the intention in Illinois is to ensure both parties “achieve a lifestyle comparable to that during marriage.”

Divorce maintenance in Illinois is generally awarded in one of the following ways, although the specific details are certainly case-specific. These include:

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The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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