Very few people are pleased about being ordered to keep financially supporting the person they just divorced. The good news is that in most cases, spousal support does not last forever. Unless you and your spouse are senior citizens who have been married for 20+ years, the chances that you will be able to stop paying spousal support eventually are very high. Generally, Illinois courts do not like the idea of alimony. It is often seen as an outdated concept, a relic from a time when one spouse worked and the other was a homemaker in nearly every marriage. Spousal support is only ordered in cases where the court, having considered all the relevant factors, deems it fair to both parties. There are several reasons that spousal support payments may terminate in Illinois. An Illinois divorce attorney can assess your case and help determine when you might be able to stop supporting your former spouse. 

Ways to Terminate Spousal Support in DuPage County

Most spousal support orders are not meant to be permanent. If you are currently paying alimony, you may be able to have your obligations terminated if: 

• Your circumstances change - If your income changes and you can no longer afford to make alimony payments, the court will likely grant a modification to stop spousal support. The same may be true if you begin to suffer physical or mental health issues that impair your earning ability or demand significant funds to treat. 
• Your ex-re-partners - If your former spouse begins cohabiting with a new romantic partner or remarries, you are likely no longer obligated to support them. 
• Temporary support ends - Spousal support orders are often temporary in the first place. This is common when the spouse receiving alimony is expected to be able to re-enter the workforce and support themself. Alimony may last only long enough to allow the receiver to get some job training in preparation. 
• Your ex’s circumstances change - If your ex does in fact successfully begin working again and simply does not need support from you anymore, the court will usually cancel alimony payments. 

These are only a few of the reasons a court might grant a motion to terminate spousal support. If you feel that continuing to make alimony payments would be inequitable, an attorney can help you determine whether you might be able to stop. 

Alimony, also known as spousal maintenance, is financial support that can be granted to a spouse in a divorce. This is meant to help spouses unable to care for themselves financially after a divorce. For the court to decide to award spousal maintenance to a spouse, the court considers both parties' income and the marriage's length. The Illinois Marrige and Dissolution of Marrige Act describes three different types of alimony: fixed-term, reviewable, and indefinite. 

Fixed-Term Spousal Maintenance 

Fixed-term alimony involves payments that are provided by one spouse to the other for a set amount of time. The termination date for these payments is decided in advance. This type of alimony is appropriate for people who, after a divorce, have the potential for future employment with an income that allows them financial stability. The goal of fixed-term alimony is to give a person the time to become dependent on themself. 

Indefinite Term Spousal Maintenance 

Indefinite-term alimony is when a court orders permanent alimony with no termination date. This is appropriate when a spouse has no realistic employment opportunities or after the end of a long marriage—usually given to spouses who, during the marriage, took on the role of a stay-at-home parent or caretaker of the home. 

Getting a divorce does not always mean you will receive spousal support from your spouse afterward. If the couple does not have a valid prenuptial agreement dictating maintenance and cannot agree to a spousal maintenance arrangement, out of court, spousal maintenance decisions will be left up to a judge. The court uses a variety of factors to determine whether or not a maintenance award is appropriate. These factors include things such as each spouse’s age, health, occupation, income, earning potential, and any impairment to their employability or earning potential. Fighting for a maintenance payment can be a battle in itself. However, many divorcing spouses who depend on that support are also concerned with how long the payments will last.

Length of Spousal Maintenance

In many cases, spousal maintenance does not last forever. In fact, courts have moved away from spousal maintenance payments being the norm. In many cases these days, both spouses are employed and have income when they divorce, decreasing or eliminating the need for spousal support. However, if spousal support is deemed necessary and is awarded to the spouse, then the court will follow guidelines set out in the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Illinois law states that the length of spousal maintenance payments is calculated by multiplying the length of the marriage in years by a specific factor. However, if the marriage lasted for 20 or more years, the court can decide to award maintenance indefinitely. For example, if a couple was married for 14 and a half years, the court would multiply 14.5 by .60 to come up with 8.7. This means that the couple in this example would be paying and receiving support for a little more than 8 and a half years. Maintenance automatically terminates when the recipient remarries. 

Discuss Your Case With a DuPage County Spousal Maintenance Attorney

For many couples, spousal maintenance can be a contested issue. If you and your spouse do not agree on the topic of spousal maintenance during your divorce, you should seek help from a skilled Wheaton, IL spousal maintenance lawyer to discuss your options. To schedule a free consultation with a knowledgeable attorney from the Andrew Cores Family Law Group, call our office today at 630-871-1002.