What is Maintenance (Formerly Known as Alimony)?

Maintenance, formerly known as alimony, and also referred to as spousal support, is where one spouse pays support to the other spouse. Maintenance is not automatic and is not always ordered by the Judge. If you are seeking to obtain a maintenance award, to increase or decrease a pre-existing maintenance obligation, or to terminate your maintenance obligation, it is critical to speak to one of our experienced divorce attorneys today. The Law Office of Tiffany M. Hughes is amongst the most prestigious law firms in the Chicago area and has a reputation for being one of the top Illinois Family Law Firms for handling all complex and simple maintenance issues that arise in divorces. Our experienced divorce attorneys are trained in examining income statements, business records, corporate and personal tax returns, real estate purchase agreements, restricted stocks, capital gains and investment account statements to determine whether you qualify for maintenance or a modification of your current maintenance obligation.

Factors Considered When Awarding Maintenance

Illinois law does not consider misconduct or fault when determining whether to award maintenance to one spouse. However, the court will consider the following factors when deciding if maintenance is appropriate in your particular situation:

• Income, assets and net worth of each spouse to be awarded in the divorce
• Non-marital property owned by each spouse
• Tax liabilities of property division
• Current and future perceived earnings of each spouse
• Established needs of each spouse
• Length of the marriage
• Standard of living during the marriage
• Health, age and mental capacity of each spouse
• Time needed to secure education or employment to improve earnings
• Which spouse is the custodial parent (i.e. primary parent for the minor children)

When Can My Maintenance Obligation Be Modified?

If the financial circumstances of one or both individuals have substantially changed since the entry of your Marital Settlement Agreement awarding maintenance, you need to call the attorneys at The Law Office of Tiffany M. Hughes today. We will analyze your income, assets, previous court ordered obligation for maintenance, and all relevant documents to determine whether you are eligible for an increase or decrease to your pre-existing maintenance payments.

In determining maintenance modifications, the court will consider the following factors:

• Change in the employment status of either party
• Spouse receiving maintenance has made no efforts to become self-supporting
• Any impairment of the present or future earning capacity of either party
• The increase or decrease of either party’s income
• The property acquired and currently owned by each party after the divorce

When Can My Maintenance Obligation Be Terminated?

Your maintenance obligation automatically terminates if one of the following three scenarios occurs:

• Cohabitation: When the party who is receiving maintenance begins living with someone else in a continuous conjugal relationship. Living with someone of the opposite sex as a platonic roommate is insufficient. However, at The Law Office of Tiffany M. Hughes, we can and will employ investigators when needed to ensure that we obtain all evidence possible to prove or disprove cohabitation for you.

• Remarriage: When the party who is receiving maintenance remarries, he or she must notify the other party at least 30 days prior to the remarriage.

• Death of either party: The estates of both parties have no spousal maintenance rights or obligations.  If payments are made after the death of the recipient, they must be paid back by the recipient’s estate.

If your maintenance is eligible for automatic termination due to one of these scenarios, you cannot simply stop paying your ex-spouse. You must seek the Court’s approval. We can prepare, draft and finalize the required motion and supporting evidence requesting that the Judge terminate your obligation to pay. It is critical that you call the attorneys at The Law Office of Tiffany M. Hughes today.

Contact Us Today

If you have any concerns about maintenance and what impact it could have on you, contact The Law Office of Tiffany M. Hughes today to discuss whether you are eligible for a maintenance award, a modification, or termination to your pre-existing maintenance obligation. Our Firm will provide you the legal expertise you need and the personal attention you deserve. Our experienced divorce attorneys are dedicated to helping individuals through all aspects and stages of the divorce process in Cook, DuPage, Kane, Lake, McHenry, Will and other surrounding counties in Illinois. Do not leave the outcome of your financial future to chance. Call us at (773) 893-0228 for a complementary phone consultation today.