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When Do Spousal Maintenance Payments End?

Posted on in Spousal Maintenance

When Do Spousal Maintenance Payments End?Spousal maintenance, if awarded during a divorce, can last a couple of years to the rest of your life. The duration of your spousal maintenance will rely on several factors, such as:

  • How long you were married;
  • The financial means of the recipient; and
  • Whether you agree to an end-date in your divorce.

New circumstances can also allow the termination of spousal maintenance. Here are five ways that spousal maintenance payments can end:

  1. Automatic Termination: A court that awards spousal maintenance during a divorce has the discretion to determine whether it should be temporary or permanent. Illinois courts normally use the duration of the marriage to determine the duration of maintenance. A table shows how maintenance payments will continue for a period of time that is a percentage of how many years the spouses were married. For instance, maintenance payments will last for a time that is 20 percent of the duration of the marriage if the spouses were married for less than five years. The percentage increases for every two years that they were married. Divorcees who were married for 20 or more years often have permanent spousal maintenance.
  2. Negotiated Termination: Spouses can decide their own termination date for spousal maintenance if they can agree on the payments without needing the court to decide. They can reach this agreement during the divorce negotiations or as part of a prenuptial agreement. The maintenance recipient can also voluntarily terminate the payments as long as they were not coerced into doing so.
  3. Remarriage: Spousal maintenance payments automatically end if the recipient remarries or cohabitates with a partner in a relationship that is effectively a marriage. With cohabitation, you will need to prove that your former spouse is sharing their life and finances with their partner.
  4. Death: Spousal maintenance often ends if either party dies before it is scheduled to be terminated. However, a divorce agreement can stipulate that the payor’s life insurance will continue payments to the recipient after the payor's death.
  5. Change of Circumstances: The payor or recipient can petition to modify spousal maintenance if there has been a significant change of circumstances, such as an increase or decrease in income. In some situations, the court may discontinue the maintenance payments if they are no longer appropriate. These situations may include the recipient increasing their income so that it is equal to or greater than the payor’s income or the recipient not making a good-faith effort to become self-supporting.

Contact a DuPage County Divorce Attorney

Spousal maintenance has become more difficult to negotiate since the alimony tax deduction was eliminated this year. A Naperville, Illinois, divorce lawyer at Calabrese Associates, P.C., can help you, whether you would be the payor or recipient of maintenance. Schedule a consultation by calling 630-393-3111.

Source:

http://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm

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