The Ins and Outs of Alimony

 Posted on May 30, 2023 in Alimony/Spousal Support

Divorce is a complicated affair and often involves addressing a range of emotional and financial concerns, including alimony, also known as spousal maintenance or spousal support. Alimony is one of the most contentious issues during divorce since a spouse may be unwilling and unhappy about making payments to their ex-husband or ex-wife. However, there are several situations where alimony is necessary, and divorcing couples need to understand how alimony laws apply to their specific case.

Who Can Recieve Alimony? 

Divorcing spouses can negotiate the terms of alimony and reach their own agreement regarding the duration and amount of alimony to be paid. Alternatively, a spouse can petition the court for a sposual maintenance award. If the decision is left up to the court, the court will consider the following factors when deciding whether alimony is appropriate in a divorce case: 

• The age and the physical and emotional condition of the receiving spouse

• The receiving spouse’s earning ability

• The receiving spouse’s ability to manage their needs

• The duration of the marriage

• The current and future capacity for earning of both the spouses

Types of Spousal Maintenance in Illinois

In Illinois, depending on the situation of the spouses, a court may order different types of alimony, including temporary alimony, short-term alimony, and long-term alimony.

• Temporary Alimony - An Illinois judge may order a spouse to pay alimony to the other spouse during the course of their divorce process.

• Short-term Alimony - Short-term alimony is provided to support a spouse for a short period of time while the recipient gets the education or skills required to earn a living. Once the receiving spouse becomes self-supporting, their spousal support will terminate.

• Permanent Alimony - Permanent alimony is granted to a spouse who requires considerable financial assistance to support themselves after the dissolution of their marriage. These payments stop if one of the spouses dies or the receiving spouse remarries or cohabitates with a romantic partner. Permanent alimony is rare and typically only granted if the couple was married 20 years or longer. 

Is Alimony Subjected to Tax?

As of Jan 1, 2019, the paying spouse can no longer deduct maintenance costs on their federal and Illinois tax forms. In addition, the receiving party does not have to declare alimony as taxable income.

Contact a Wheaton Alimony Attorney

If your divorce is contentious and you believe that alimony will be a factor, the DuPage County alimony attorneys at Andrew Cores Family Law Group can represent your interests and help you address this issue properly. Schedule a free consultation with us today by calling 630-871-1002.

Source: https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm