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Divorce Guide

Illinois Divorce Alimony

Like all other states of US, the state of Illinois has a separate set of rules that are used for judging the awarding of alimony. Though some states of America consider marital misconduct as one of the prime determinants for the declaration of alimony, the court of Illinois does not regard the acts like adultery or desertion as the factors for not granting alimony to the alleged spouse. The Illinois divorce alimony can be awarded on a temporary basis as well as for a permanent basis. The Illinois divorce alimony is acknowledged by the court as spousal support or simply maintenance.

Illinois divorce alimony can be of different types depending upon the financial status of the receiving spouse. The types of the alimony are permanent maintenance, periodic maintenance and rehabilitative maintenance. Mentioned in the 750 Illinois Compiled Statutes of chapter 5 in sections: 504, the factors for determining Illinois divorce alimony are as follows.
  • The financial resource of the couple. The account of all the property assets, both marital and premarital are considered while deciding for alimony.
  • The extent of the need of both the couples in leading a lifestyle same as that before the legalization of the separation of the couple.
  • The present financial conditions as well as the potential income generating capacity in future are accounted by the court.
  • The alimony is granted to the spouse who if the court finds that has sacrificed his or her career opportunities for the welfare of the family as well as to provide support to the other spouse for career development. Under such circumstances where the spouse is aged and no more fit to get employment for a standard income, may be awarded alimony.
  • The temporary alimony or the rehabilitative Illinois divorce alimony is given to the spouse who is presently dependant on the other spouse for financial support but have the potentiality of earning in future. The duration of alimony is generally for the time required by the spouse to make himself or herself self-sufficient.
  • Other factors like marriage duration, age and mental condition of the alimony seeking spouse and tax consequences on the distribution of properties are quite important for making a decision for divorce.
The permanent Illinois divorce alimony gets terminated on the death of either of the spouse, the remarriage of the receiving spouse or if he or she starts cohabiting with a financially sound partner even if they are not legally married. The payer is no more entitled to provide any further alimony to the other the moment he retires from his job or from any other source of steady income.

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