Even the lengthiest marriages may come to an unexpected end with divorce. When one spouse has served as the primary earner during a marriage, the other may request short-term or long-term financial support known as alimony. A divorce court may then approve, reject, or modify this request.
Whether you expect to make alimony payments or you wish to receive such payment, you need to understand how this process works during and after the divorce proceedings. These frequently asked questions and answers may prove helpful as you discuss alimony issues with your attorney.
When Do Courts Award Alimony?
Alimony doesn’t have to play a role in divorce proceedings. A spouse who might normally qualify for alimony may agree to refuse alimony. You might choose this path if you already make a good living and don’t need the extra money or if you’d rather have nothing further to do with your ex-spouse on any level.
If you decide to petition the court for alimony, the court will examine various factors to determine whether you may receive it, and if so, how much money you’ll receive. These factors include both spouses’ earning capacities, any history of domestic abuse, and the petitioner’s age and overall health.
Under Illinois law, the length of the marriage also factors into how long the alimony payments will continue. A sliding scale assigns percentage ranges to different marriage lengths, with the percentage representing the length of the alimony schedule. The longer the marriage, the longer the alimony period.
What Forms Can Alimony Take?
Illinois alimony can take any of four primary forms: temporary, fixed-term, reviewable, and permanent. Temporary alimony usually applies to a spouse seeking short-term financial support after moving out of the family home. The finalization of the divorce brings temporary alimony payments to an end.
Fixed-term alimony extends for a predetermined but not indefinite period. Petitioners generally request this form of alimony for financial support while they work on achieving long-term financial independence. It gives spouses who delayed their education or gave up their careers a chance to develop or refresh their money-earning capabilities.
Reviewable alimony also offers financial compensation for a limited period. However, instead of setting a predetermined stop date for alimony payments, this form of alimony continues as long as the supported spouse makes an honest effort to build financial independence, with the court periodically reviewing the situation.
Permanent alimony extends the alimony payment schedule for the life of the paying spouse. However, courts reserve this form of alimony for marriages that endured for at least 20 years.
What Should You Know About Alimony Payment and Non-Payment?
The divorce court in a typical Illinois alimony case will make arrangements to divert monthly alimony payments from the paying spouse’s wages to the supported spouse. Less commonly, a paying spouse with plenty of liquid assets may choose to pay the entire settlement in a lump sum.
Failure to make regular alimony payments can cause serious headaches for both the supported spouse and the paying spouse. If your spouse refuses to pay alimony, you may have to enforce the issue through the courts. If you failed to pay, this enforcement can involve wage garnishment, additional financial penalties, or jail time.
When and How Can You Modify Your Alimony Payment Schedule?
Changes in either spouse’s lifestyle or employment may prompt changes in an alimony agreement. In some situations, such as the remarriage of the supported spouse, the termination may occur automatically. Others may require the petitioner to submit evidence of major changes that make the agreement unreasonable.
If you have an obligation to pay a certain amount of monthly alimony but can no longer do so, you may find that you can negotiate a new payment schedule or even a termination of the agreement with your former spouse. If that measure fails, you’ll need to petition the court to modify the alimony terms.
If you have additional questions or concerns about Illinois alimony or divorce law, Randall A. Wolff & Associates, Ltd., can help you understand and address those issues as effectively as possible. Contact our office today.
