When Does Alimony End After an Illinois Divorce?

 Posted on July 30, 2024 in Spousal Maintenance

Many married couples have economic imbalances where one spouse has more financial means than the other. This is especially common in marriages where one of the spouses is a stay-at-home parent or homemaker. When such couples divorce, it can leave one of the spouses without any means of financial support. To remedy this, courts may order one spouse to pay spousal maintenance, also known as spousal support or alimony.

How long alimony payments continue after a divorce depends on several factors which this article will discuss. Speak with an Illinois alimony attorney if you have any questions about spousal support in your specific case.

What Factors Influence Spousal Maintenance Orders?

Courts make decisions about alimony — such as who should pay, how much, and for how long — based on several factors. These include:

• Each spouse’s annual income

• Which spouse has child custody

• The needs of each spouse

• The needs of the child

• The duration of the marriage

• The standard of living during the marriage

• The future earning potential of each spouse

• The amount of marital property each spouse is entitled to in the divorce

• How much child support each spouse will have to pay

• Disabilities that might affect the employment or future earning capacity of either spouse

Types of Alimony

There are three types of spousal maintenance a court might order:

• Fixed maintenance: This means that the alimony will end on a certain date. A judge might order fixed maintenance if he or she determines that the spouse receiving the alimony — called the payee — has the ability to be self-sufficient by a certain date. A court may also base the duration of alimony on the length of the marriage.

• Reviewable maintenance: This is when a court orders one of the parties to pay spousal support until a certain date. After that date, the payee can ask the court to review the circumstances and extend the alimony payments.

• Indefinite maintenance: Also known as permanent alimony, indefinite maintenance has no end date. A court may order this if the payee has a permanent disability that prevents him or her from becoming self-sufficient. A judge may also order indefinite maintenance if the marriage lasted 20 years or more.

When Do Alimony Payments End?

There are a few reasons why alimony may be terminated:

• The termination date in the original court order has passed.

• The payee gets remarried.

• The payor petitioned the court to stop the payments because the economic imbalance shifted. The payor, for example, could have become unemployed and the payee could have secured a high-paying job.

Contact a DuPage County, IL Alimony Lawyer

Spousal support orders depend on many factors. The attorneys at Pesce Law Group, P.C. excel in all matters of divorce and we hawkishly defend our clients’ interests when it comes to spousal maintenance and other court orders. Call 630-352-2240 to get top-tier legal service from a Naperville, IL alimony attorney. Schedule a free consultation today.