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Illinois Divorce FAQs - Alimony

This is about alimony after divorce in Illinois, including when courts order alimony, how the amount of alimony is set in Illinois, and how and when Illinois courts stop alimony once it's awarded.

This information is from Dick Kulerski, the DivorceInfo Network Lawyer for Illinois. Click here to visit his web site.

When does alimony get paid?

The court determines when alimony gets awarded by considering the following factors:

A.The income and property of each party, including the marital and non-marital property apportioned or assigned to the party seeking maintenance;

B.The needs of each party;

C.The present and future earning capacity of each party;

D.Any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having forgone or delayed education, training, employment or career opportunities due to the marriage;

E.The time necessary to enable the party seeking maintenance to acquire appropriate education, training and employment and whether that party is able to support himself or herself or is the custodian of a child making it appropriate that the custodian not seek appointment;

F.The standard of living established during the marriage;

G.The duration of the marriage;

H.The age and physical and emotional condition of both parties;

I.The tax consequences of the property division upon the respective economic circumstance of the parties;

J.Contributions and services by the party seeking maintenance to the education, training, career or career potential or license of the other spouse;

K.Any valid agreement of the parties;

L.Any other factor that the court expressly finds to be just and equitable.

How does the court decide how much?

See the answer to Question 1 above.

What does it take to change alimony?

A showing of a material or substantial change in circumstances.

When does alimony stop?

Unless otherwise agreed upon by the parties in a written agreement set forth in the Judgment or otherwise approved by the court, the obligation to pay future alimony is terminated upon the death of either party, the remarriage of the party receiving maintenance, or if the party receiving maintenance co-habits with another person on a resident, continuing conjugal basis.

Other issues in Illinois:

Stop the Divorce! | How much child support?
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