Spousal Support for Homemakers and Stay-at-Home Parents in Illinois

 Posted on August 16, 2021 in Criminal Law

In an ideal world, every parent would easily be able to find the perfect balance of work and family life. In reality, however, when couples decide to have children, they must make difficult decisions about paying for childcare and earning a liveable income. Many times, couples decide that one parent will stay home to care for the children while the other parent pursues a career. 

This arrangement has its benefits and drawbacks. One potential downside is that it leaves the homemaking parent with little or no personal income. If the relationship sours and the homemaker contemplates divorce, he or she may feel trapped, unable to afford the legal representation they need, and worried about future finances. However, Illinois recognizes the important contributions homemakers make to their family and society. In addition to child support, the law offers protection by providing for several kinds of spousal maintenance (formerly known as alimony).

Types of Spousal Maintenance Available to Homemakers

• Temporary maintenance is a type of spousal maintenance that is awarded during the divorce proceedings. Spouses who need this kind of support may petition the court for temporary maintenance at the same time as they file for divorce, or they may do so after the initial filing. If awarded, this kind of maintenance helps homemakers afford divorce proceedings and avoid financial disaster during the divorce.

• Reviewable maintenance is ordered by the divorce decree and has a termination date, but can be modified before or after the termination date arrives. In order for a divorcee to successfully petition to have a reviewable maintenance order extended, he or she must usually show that they are making sincere efforts to support themselves.

• Indefinite Maintenance is a maintenance order that does not have an expiration date. For long marriages lasting 20 years or more, a court may order indefinite spousal support payments or payments that last as long as the marriage. This ensures homemakers whose career years were all spent caring for a family are not left in poverty when the marriage has ended and the children have grown.

• Fixed-Term maintenance is only awarded to marriages that have lasted less than 10 years. A  fixed-term maintenance order allows a court to set a permanent termination date with no future possibility of extending the order. Courts tend to use fixed-term orders to prevent former spouses from fighting over finances indefinitely. 

Speak with a Will County Divorce Attorney

No one should feel compelled to stay in a terrible relationship because they are afraid they cannot afford an attorney. The attorneys at [[Title]], are experienced Joliet, IL divorce lawyers who recognize that many parents give up profitable careers in order to stay home and care for their children. We will compassionately advocate for your rights and work with you to achieve a favorable outcome in your divorce. Contact us today at [[Phone]] for a free consultation. 

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050K504.htm