it can be hard to know how to determine what you should I for in terms of spousal maintenance. The attorneys kept me up to date on the status of the issue and were always available to take my call. any other reason. The duration of the maintenance payments often depends on the length of the marriage or the reasons for the awarded maintenance. Where one party is no longer able to pay maintenance at the ordered amount, or where the payee-spouse’s needs have changed, maintenance is modifiable.The exception to this, however, is if your divorce order states that maintenance is non-modifiable. Spousal maintenance is set up to help ease that financial burden for separating couples. Spousal maintenance is usually paid on a monthly basis and continues either for a defined period (term of years) or for the remainder of the parties’ life (known as a “joint lives order”). For example, if you and your ex-spouse were married for 5 years, you would multiply 5 x 0.24 to get 1.2 years. They were kind, professional and responsive. Are you trying to get a spousal maintenance order modified, or do you have questions about the recent changes to maintenance or alimony payments in Illinois? Theoretically, both parties should be able to maintain the same standard of living they had during marriage. Copyright © 2012-2021 Conniff Law Offices. How much do I need to pay? Refer to Lord Pritchard's "Get a Job". Contact us today to schedule a consultation with a Chicago or Oak Park divorce lawyer. If your spouse refuses to pay, for any reason, you can take immediate legal action by returning to court for a contempt proceeding or filing a Notice of Withholding and serve it on the payor’s employer. For more information on how alimony is determined, alimony duration, and alimony amounts, refer to our 2019 spousal maintenance overview. All Rights Reserved. There is no set Spousal maintenance can only be claimed in those certain circumstances (see below) and is generally considered to be a temporary arrangement. However, an official maintenance court order is still legally enforced. In determining a spousal maintenance application, the court has regard to the following factors about both of you: your age and health; your income, property and financial resources; your ability to work; what is a suitable standard of living; and. It is entirely separate from child maintenance. Maintenance, also known as alimony or spousal support, is a sum of money given from one spouse to the other to provide for the other spouse’s support during or after the divorce. It can be for a short defined period, e.g. overview on spousal maintenance in Illinois, Highlights of The New Tax Law’s Impact on Divorcing Couples, Prenuptial Agreements vs. Postnuptial Agreements. The amount to be paid is dependent on the particular circumstances of your matter and will depend on your income and reasonable living expenses and outgoings and that of your spouse. Importantly, spousal maintenance is different to child support. This was an appeal against a spousal maintenance order. Even though the spouse would be making less, he or she is physically able to secure a higher paying position and is expected to provide for the ex-spouse based on that amount – this is known as the imputation of income. How much is Spousal Maintenance? Let’s take a look at how it works. For more examples of imputation of income, refer to our in-depth guide. Arizona is one of the states that allows for spousal maintenance, also known as alimony in other jurisdictions., also known as alimony in … Married for 20 years or more: The court will either order spousal support for the length of the marriage, or for an indefinite amount of time. Eligibility is based on certain criteria. Our expert guide will help you learn what you need to know now! If the guidelines used to calculate spousal maintenance do not apply, the court will consider at least some of the following factors when making its decision about awarding maintenance: Maintenance enforcement is not as aggressive as child support enforcement, which can include actions like garnishing wages. http://www.divorcenet.com/resources/divorce-judge/how-judge-decides-alimony-amount.htm, http://www.nolo.com/legal-encyclopedia/alimony-what-you-need-know-30081.html, http://family.findlaw.com/divorce/spousal-support-alimony-basics.html. Part Company: Spousal Maintenance under the Australian Family Law Act HPGGAM LAWS 2 Background The “clean break” principle to spousal maintenance is ensconced in sections 81 and 90ST of the Family Law Act 1975 (Commonwealth of Australia) which Are there any other factors the court deems significant? Conniff Law Offices can provide you with expert legal guidance, whether you’re receiving or paying alimony. Spousal maintenance Similarly to child maintenance applications, a party can apply for spousal maintenance in the Court seeking financial support until all issues in the Court have been resolved. The amount of alimony awarded to the payee must be less than 40% of both parties’ combined net income. During or after divorce proceedings, if there is a significant difference in the income and earning potential between the separating spouses, a judge may order the more prosperous spouse to contribute to the other’s expenses. They trust reasons for the remainder of the parties, they are not one and the same and may. Individual advice regarding your own personal use and for non-commercial distribution on the reasonable of!, if either party during the divorce, and the guidelines the courts follow to calculate it reference! 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