Getting a divorce can be emotionally and financially draining no matter how amicable the process may seem. One aspect of divorce that can be particularly challenging to resolve is spousal maintenance, formerly known as alimony. The state of Illinois utilizes formulas to determine the amount of maintenance that should be paid following a divorce.
When two divorcing individuals cannot see eye to eye on maintenance, they each can present the facts of their case to a judge. The judge will then decide if maintenance needs to be paid as well as how long the maintenance should be paid. The court considers several factors when it comes to awarding maintenance to someone in a divorce proceeding.
If the court determines that a maintenance award is appropriate in a case, the state's formulas will apply. Rather than having a judge make a maintenance determination, however, a couple may be able to negotiate an alternative to spousal maintenance. For instance, the unequal distribution of property may be provided to one spouse instead of spousal maintenance.
Many people who are getting divorced in the state of Illinois are okay with accepting the equitable distribution of their property, and they may also be okay with paying child support, if necessary. However, having to pay spousal maintenance remains a huge point of contention in many divorce proceedings. Whether you feel you are entitled to maintenance or wish to avoid paying an unreasonable amount in maintenance, an attorney can advocate on your behalf for a personally favorable outcome.