Divorce & Alimony in Illinois
There is no more hotly debated issue when it comes to divorce than alimony. Is it fair? Is it necessary? Since revamping its family law statutes in 1977, Illinois has come a long way toward making the issue not only equitable but applicable for set periods of time---but only when necessary. The most current statutes pertaining to maintenance in Illinois can be found under 750 Illinois Compiled Statutes Chapter 5 Section 504.
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History
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Until 1977, Illinois alimony laws reflected the social climate of the 1950s and '60s. What a man owned in his sole name was his---period. Fewer women participated in the workforce in those days, so in the event of divorce they were left with virtually nothing and no way to support themselves. Alimony therefore became a commonplace solution to this problem. The change that Illinois made in 1977 was huge. The state ruled that if an asset was acquired during a marriage, it was joint property no matter whose name it was held in. But this created a new problem: women were cashing out joint assets in order to survive and were ending up destitute anyway when those assets became depleted. Finally, in 1983, Illinois got it right. Alimony is now called "maintenance" here and there is nothing prohibiting a spouse from being awarded both her share of community property and monthly financial subsistence---except a lot of criteria that are left up to the discretion of the court.
"Permanent" Maintenance
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In Illinois, this is generally granted in long-term marriages under very strict terms. Consider a spouse in her 50s who has never worked or who has abandoned her career to care for home and family and has no marketable skills---something that is relatively uncommon in this day and age of two-income households. When permanent maintenance is awarded, it generally is decided by something called "income averaging." Add together the incomes of both husband and wife, divide by two, and this is the amount each of them should be entitled to live on. The earner of the higher income must contribute enough cash each month to compensate the other party.
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"In Gross" Maintenance
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This refers to a lump-sum payment, or at most a lump sum that is divided up over several months. The idea behind this is that the windfall can be used for support for whatever period of time it takes an unemployed or underemployed spouse to become self-sufficient. Illinois also offers a concept for "periodic" or "temporary" maintenance which runs along these same lines.
"Rehabilitative" Maintenance
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This is also sometimes referred to as "reviewable" support because there is a caveat built in that the receiving spouse can petition for more time in the event that the term of maintenance is not quite enough for her to get back on her feet.
Considerations
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Illinois statutes do not provide a concrete system for determining when maintenance is necessary or how much it should be. This is left up to the discretion of a judge. "Marital misconduct"---i.e., adultery or abuse---is not a consideration.
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