Does Illinois have alimony? How does it work?

Alimony is now called maintenance, and there are various forms of it. The court can grant a person temporary or permanent maintenance, without regard to marital misconduct. The court will evaluate the income and property of each side, as well as each of their needs, their future earning capacity, age, physical and emotional condition, and the length of the marriage, to name a few.

Another type of maintenance, rehabilitative maintenance, can be awarded to one of the spouses to “rehabilitate” them in some way, such as payments for the person to attend college. This type of maintenance is usually for a set sum of money for a set period of time.

A typical example of a permanent-maintenance award occurs when the parties had a long-term marriage and one of them has stayed home to care for the children and lacks skills and experience to obtain employment. This spouse, depending on the age, might require support for his or her whole life. Another example for an award of permanent maintenance occurs where one spouse becomes ill and cannot work.

There are many types of maintenance and many different factors to consider when it is awarded. Please consult us to evaluate your case and determine if you are a maintenance candidate.

Kimberly J. Anderson is a partner with family-law firm Anderson & Boback in Chicago. She has training in collaborative law and occasionally serves as a child representative throughout Cook County.