Recent Changes to Alimony Laws in Illinois

Divorce, Family Law

There is change in the world of alimony and spousal support laws in Illinois, and it’s time for us to take a closer look at the developments that are shaking things up for 2023.

But what do these changes mean for Illinois residents going through a divorce? What types of alimony are available, and under what circumstances? And what factors will determine the duration and amount of alimony payments? Continue reading this article to find out.

The Five Main Types of Alimony in Illinois 

Illinois recognizes five main types of alimony or spousal support, each with unique characteristics and requirements. These include temporary, fixed-term, reviewable, permanent, and lump-sum alimony.

Temporary Spousal Support: Temporary spousal support, also known as temporary alimony, is awarded to a spouse during the divorce proceedings to cover living expenses and other costs while the divorce action is pending in court. This support is intended to help a spouse recover while living separately and apart from their partner.

To qualify for temporary alimony, a spouse must request it in the initial divorce pleading and ends when the divorce gets finalized. However, it may be possible to ask for it later if necessary.

Fixed-Term Alimony: It is awarded for a specific time to help a spouse become self-supporting. This alimony is appropriate when one spouse gives up their career to take on household duties or raise children during the marriage.

Reviewable Alimony: Reviewable alimony, also known as modifiable alimony, is similar to fixed-term alimony, but it is subject to review by the court periodically. This support is given to help the recipient become independent of their former spouse.

Permanent Alimony: This type is awarded for the recipient’s lifetime and only in divorces for marriages that have lasted for 20 years or longer. The court may order permanent maintenance for a period equal to the marriage’s length.

Lump-Sum Alimony: Lump-sum alimony involves a single payment to cover the recipient’s alimony needs. This alimony is appropriate when a one-time fee is in all parties best interests.

Factors for Determining Alimony Duration and Amount

Illinois has statutory guidelines that dictate the amount of alimony a spouse will receive. Some of the factors that the law considers when determining the duration and amount of alimony payments include:

  • Length of the marriage
  • The income and assets of each spouse
  • Needs of each spouse
  • Standard of living during the marriage
  • The age and health of each spouse

On the other hand, calculating spousal support in Illinois involves considering various factors, such as the income and earning potential of each spouse, marriage duration, the standard of living during the marriage, and the contribution of each spouse to the marital estate.

Terminating Alimony Payments

Alimony payments may cease under certain circumstances, such as when the recipient gets remarried or cohabitates with a new partner. When there is a substantial change, such as unforeseen circumstances, that alters the alimony order. In that case, the Illinois courts will determine whether the alimony payments should continue.

If you are facing a spousal support issue in Illinois, we encourage you to contact us to schedule a consultation with one of our experienced attorneys. Our team takes pride in delivering top-notch legal services to our clients.

We know that every client’s situation is unique. We take the time to understand their specific needs and concerns, enabling us to provide customized legal solutions that yield favorable outcomes.

Contact Franks, Kelly, Matuszewich, and Andrle Attorneys at Law for help with your case today.