Michael E. Byczek, Attorney at Law
Main

Areas of Law

Company

Contact

Links

Alimony

Alimony is referred to as “maintenance” in Illinois for legal purposes.

The simplest type of divorce is one where both parties walk away from each other without requesting any financial support.

When one party does request maintenance (alimony), the court will analyze the following factors.

- income and property of each party
- needs of both
- present and future earning capacity of both
- whether devoted marital time to domestic work, or gave up education or a career
- time for party to acquire appropriate education or training
- whether party is able to support him/herself during time to prepare for employment
- standard of living during marriage
- age and physical/emotional condition of both
- tax consequences
- contributions and services given to the other party to achieve career opportunities
- agreements between the parties
- other just and equitable facts

Maintenance may be modified or terminated by showing a substantial change in circumstances.

- good faith change in employment of either party
- reasonableness of efforts to become self-supporting
- impairment of present and future earning capacity of either party
- tax consequences
- duration of payments already made and remaining to be paid
- property awarded to both
- income changes
- property acquired and currently owned by each part
- other factors that are just and equitable

Payments are terminated upon death of either party or remarriage/cohabitation by the party receiving support.



Copyright © 2008-2009. Michael E. Byczek. All Rights Reserved.