Modifiable Maintenance

One of the most complex issues in a Chicago divorce is that of maintenance (“alimony”). How much maintenance or alimony is paid? Is it paid temporarily or permanently?

If you are divorcing in Illinois, imagine you agree to pay your former spouse a fixed amount of maintenance so long as he or she cannot come back in the future and try to get more maintenance. You would want to be sure that your Marital Settlement Agreement (“MSA”) protected you from the possibility of your former spouse dragging you back to court in the future when you may be earning a higher income or he or she has suffered a financial setback. In order to properly protect yourself, you need to understand the different types of maintenance we have in Illinois.

There are several different kinds of maintenance in Illinois. The most typical maintenance is periodic maintenance which is defined by its indefiniteness. Periodic maintenance may be modified or terminated if the situation of the parties changes in the future. Another type of maintenance is “maintenance in gross”. Maintenance in gross is a lump sum payment that is paid once or over a definite number of installments. Maintenance in gross is not modifiable if the circumstances of one or both of the parties changes. A recent Illinois appeals case addressed the issue of whether the maintenance provision in a MSA intended periodic maintenance or maintenance in gross. The MSA did not explicitly state that the maintenance was in gross and the provision was ambiguous. Years after the divorce, the recipient sought to increase the maintenance and the payor claimed the maintenance was in gross and non-modifiable. Ultimately, the appellate court held that the maintenance was not in gross because the MSA did not comply with the requirements necessary for such.

If maintenance in gross is the agreement reached in a dissolution case, the MSA needs to clearly state that the maintenance is in gross and non-modifiable and comply with the legal requirements.

Recent Post

Order of Protection for Domestic Violence

Unfortunately, some Chicago divorces or Chicago child custody disputes involve domestic violence. When domestic violence, or the threat of domestic violence, occurs a victim may petition the court for an order of protection. An order of protection is a court order...

Key Differences Between Illinois Prenups and Post-nups

Illinois Premarital Agreements Most people have heard of premarital agreements (often referred to as "prenups").  The law defines prenups as contracts drafted and signed by a couple prior to their marriage.  Illinois has a statute, known as the Illinois Uniform...

Divorced Parents Disagree over Covid Vaccines

Now that Covid vaccines are approved for children that are 12 years of age and older, some Chicago divorced parents disagree over Covid vaccines. Specifically, some divorced parents disagree as to whether their children should receive the vaccine.  Some parents...

5 Common Divorce Myths You Might Believe Too

Too often, when contemplating divorce, people believe some common divorce myths that are seemingly based on common sense.  However, the facts are often different than what people think.  It can be detrimental to your case if you enter into divorce proceedings without...

categories

If you are looking for legal advice and representation with an Illinois divorce, schedule a consultation with experienced Chicago divorce attorney, Tanya Witt, at (312) 500-5400 or info@thewittlawfirm.com.

Representing men and women in Chicago divorce and child custody cases.

This blog does not constitute legal advice. Please consult with an attorney regarding your specific case.