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Types of Spousal Support in Illinois

Posted on in Divorce

DuPage County alimony attorneysSpousal support (otherwise known as alimony) is sometimes awarded to a lesser-earning spouse in divorce. How it is awarded - the amount and duration - is dependent upon a number of factors, such as the income of each party, duration of the marriage, and each party's financial needs and obligations. Generally, though, spousal support can be divided into four basic "types." The following outlines what these types are, and when they may be awarded in an Illinois divorce.

Temporary Support

While typically associated with the finalization of a divorce, alimony can actually be awarded while the divorce is still pending. Generally, these are cases involve a lesser-earning spouse that cannot support themselves during the divorce proceedings. Alternatively, couples may come to a temporary support agreement on their own. In these instances, parties should sign and notarize a written agreement that outlines the details of their arrangement. If you need temporary support during a pending divorce, contact an attorney for assistance.

Short-Term Support

When shorter marriages include an order for spousal support, it is typically only awarded for a short time. Its term is typically outlined in the divorce decree, with an exact ending date listed. The one exception is when the support order is considered a form of "rehabilitation." Awarded to dependent spouses who lack an immediate source of income and need to acquire skills or training to reenter the workforce, this type of support may not have a specific deadline. Instead, the support continues until the receiving spouse is able to secure adequate employment. Alternatively, the support can be modified or terminated if the receiving spouse fails to make reasonable efforts to obtain gainful employment.

Long-Term Support

Typically, long-term support is reserved for marriages that have lasted 10 years or longer. It may be awarded to compensate for a specific lifestyle that may have been lost, or it may be received by a dependent spouse that is unlikely to return to the workforce (disability, illness, age, etc.). In some instances, it may even be awarded "permanently." Of course, if one of the parties passes away, or the receiving spouse remarries, the support will end. Some may also be able to seek a modification if circumstances change (i.e. a supporting spouse loses their business or suffers illness that prevents them from earning income).

Reimbursement Support

Reimbursement support is designed to help "compensate" a spouse for a sacrifice they made to advance the career of their spouse. They may have abandoned their own career or education, taking any employment they could find so that their spouse could pursue training or education for a lucrative career, or they may have stayed home and cared for the children, giving their spouse the time and freedom to advance their career. This sacrifice is usually made because there is an expected benefit (i.e. being able to return to school without having to financially struggle). If the marriage ended before sacrificing spouse could reap benefits, or if the benefits were short-lived, they may be eligible for reimbursement support.

Need Spousal Support? Our DuPage County Divorce Lawyers Can Help

At Stock, Carlson & Duff LLC, we know that support is sometimes warranted and needed. Dedicated to your best interests, we will take swift action to help you get the settlement you deserve. We offer the skilled representation that you deserve. Schedule your consultation with our DuPage County divorce lawyers today. Call us at 630-665-2500.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000

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