Spousal Support is generally when one spouse must pay support to the other, in an amount and duration typically determined by statute and ordered by the court. This is outlined in the state’s laws: 750 ILCS 5/504.
How do I know if I am entitled to Spousal Support, how much will I receive in support, and how long will it last?
Your attorney will guide you through the process of what you may be entitled to. Typically, if you have been married to your spouse for at least five years, have enjoyed a shared lifestyle and relied upon your spouse primarily for the normal and routine lifestyle, and the earning capacity is greatly despaired by the dissolution your attorney may request support on your behalf.
Every situation is different, and financial details are necessary to determine the eligibility of and specifics of your maintenance.
What if I have been ordered to pay my Spousal Support, what happens now?
Your attorney will be able to guide you as to the specifics. Most times an order is entered with the court, and you must begin paying as soon as the court has deemed possible. If there is a significant change in income, on either spouse, it may be possible to request lowering or possibly terminating that support. The statute has details on what exactly would terminate maintenance, the most popular being remarriage of the spouse receiving the support.
If you are the one receiving maintenance, their a few different types. Temporary, review able, and permanent. The amount and duration all depend on the circumstances of your specific situation, and also governed by the duration of the marriage and at the determination of the court.
Sometimes, the earning capacity of the recipient changes, wherein they have received a degree or a higher paying career. In any of these situations, it is best to consult an attorney.
Sticky situation: there are times when determining maintenance can get a bit sticky. The proverbial “monkey wrench” can sometimes complicate matters; i.e. if one spouse has a gambling addiction, and the flow of money is not clear, therefore the determination of the income becomes messy. Another, the receiving spouse is cohabitating with another person on a conjugal basis, or, if one spouse is ready to retire, will receive pension, or, a spouse works for cash.
Again, in any situation, please be sure to consult an attorney.
