How Temporary Maintenance May Affect the Duration of Spousal Support

 Posted on March 13, 2018 in Divorce

When a couple decides to get divorced, they will be required to significantly reconfigure their lives, separating a shared home and finances into two different households. This can result in a great deal of financial upheaval, and when one spouse earns less than their former partner, they may struggle to make ends meet. In these cases, the lower-earning spouse may be eligible to receive financial support (known as spousal maintenance, spousal support, or alimony) from the higher-earning spouse. However, spouses should be aware of some recent changes to Illinois law related to temporary maintenance awarded during divorce and the total duration of maintenance payments.

Temporary Maintenance As a Credit to the Total Duration of Maintenance

Some changes to Illinois divorce law went into effect on January 1, 2018, and the percentages used to determine the duration that spousal maintenance will be paid are now based on the specific number of years of marriage, for marriages between five and 20 years. However, this duration may be affected by temporary maintenance awarded during divorce.

After a spouse has filed a petition for divorce, but before the entry of the final divorce decree, a spouse may petition the court for temporary relief, asking for decisions to be made about how certain matters will be handled while the divorce is pending. Temporary maintenance is one common type of temporary relief, and a spouse can ask to receive support from their partner based on financial affidavits submitted by both parties.

Following the updates to Illinois’ divorce laws, temporary maintenance awarded during divorce may now be credited toward the total duration of maintenance payments. This ensures that maintenance will be correctly paid based on the total length of the parties’ marriage, and temporary maintenance payments made during divorce will be included as part of this total duration.

As an example, consider a scenario in which a couple was married for seven years and four months (88 months). Under the updated spousal support guidelines, maintenance will last for 32% of the length of the marriage, or two years and four months (28 months). However, if the higher-earning spouse paid temporary maintenance for nine months during the divorce proceedings, the total duration of maintenance in the final divorce decree will be reduced to one year and seven months (19 months).

Contact an Elgin Spousal Maintenance Lawyer

Determining the correct amount and duration of spousal maintenance during an Illinois divorce can often be a complicated matter, involving a variety of factors, including the income both spouses earn, the assets they own, the taxes they pay, and their other financial obligations. At Ariano Hardy Ritt Nyuli Richmond Lytle & Goettel P.C., our skilled, experienced attorneys will work with you to ensure that the law is applied correctly to your situation, protecting your rights and interests and helping you reach a favorable resolution to your divorce. Contact a Kane County divorce attorney at 847-695-2400 for a free consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000