If you and your spouse have decided to split up and get a divorce, both of you will need to address numerous financial issues related to the ending of your marriage. Many of these issues  have to do with the division of marital property, and determining how to fairly and equitably divide the assets you both own can often be a complicated process. However, it is also important to ensure that both of you will have the financial resources that will allow you to meet your needs going forward, and so issues related to the income that each of you earns may need to be addressed. If your spouse is not currently working, they may request that you provide them with ongoing support payments. By understanding the laws that affect alimony (also known as spousal maintenance, or spousal support), you can work to find solutions that will protect your financial interests.

Spousal Support Laws in Illinois 

In Illinois, spousal maintenance is governed by Section 504 of the Illinois Marriage and Dissolution of Marriage Act (IMDMA). The IMDMA states that either spouse can request maintenance from the other spouse during a divorce. When determining whether spousal support will be appropriate, a family court judge will consider such factors as each party’s current income and earning capacity, the standard of living during the marriage, the age and health of each party, the level of education attained by each party during the marriage, and the duration of the marriage. Other significant factors include contributions made by the spouse who is seeking support to the other spouse's career, as well as the amount of time the spouse seeking support will need to be able to support themselves.

The ultimate purpose of spousal maintenance is to help ensure that both spouses can maintain the standard of living that they had during their marriage. A spouse who is not currently working may request support from the other spouse to ensure that they can address their ongoing needs.

Here at Law Office of Vincent C. Machroli, P.C., we work hard every day to stay on top of all the latest developments in Illinois family law, and to ensure that our clients are accurately informed about the legal issues that may affect them. We regularly publish blogs on topics related to divorce, child custody, child support, and other legal issues that affect families, providing helpful information about Illinois law and the concerns that affect people involved in family court cases. We want to highlight the blogs that were most popular with our readers in 2022:

1. Will a Marriage Counselor Ever Suggest Divorce? - This blog looks at the approach that counselors will often take with couples who are experiencing marital problems, while also discussing how mediation can be a good solution for spouses who wish to proceed with the divorce process.

2. What Happens When Child Support Becomes Past Due in Illinois? - We look at the steps a parent can take to enforce child support orders in situations where the other parent has failed to meet their obligations.

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In the years after a divorce, it may be necessary for one or both parents to move, and, in some cases, a person may plan to actually move to another state. This can bring about problems,  since a move may affect subjects such as parental responsibilities (also known as child custody) and parenting time. Oftentimes, both parents want to continue to be involved in their children's lives, but a move that puts significant distance between parents' residences may affect the parents’ ability to do so. If you are a parent considering a move out of Illinois after your divorce, or if you are concerned about how your ex-spouse's plans to relocate out-of-state will affect your relationship with your children, it is important to understand how Illinois laws will affect that subject. 

Parental Relocation in Illinois 

In the state of Illinois, a planned relocation by a parent must typically be approved by the court if it affects the custodial rights of one or both parents. In cases where a parent who plans to move has the majority of the parenting time with their children, or even when parents share equal parenting time, an out-of-state move will usually be considered a relocation. However, a parent may be able to move to a different state without seeking court approval if their new residence will be no more than 25 miles away from their current residence.

When a parent plans to relocate, legally they will first be required to notify the other parent, and they will also be encouraged to negotiate modifications to the existing parental responsibilities/child custody and/or parenting time arrangements. A written notification must be provided to the other parent at least 60 days before the expected moving date, unless plans to move are made within less than 60 days, in which case a notification should be sent as early as possible. The parents may then work together to determine how their existing parenting plan  can be modified. If they are able to reach an agreement, the relocating parent needs to file the relocation notice with the court. A judge will review the agreed changes to parental responsibilities/child custody and parenting time/visitation, and, if they determine that these changes are in the children's best interests, the relocation request will be approved, and a court order will be entered to modify the couple's existing parenting plan.

When parents get divorced, some of the most important decisions are related to the creation of an effective parenting plan that provides for the best interests of the children, while also meeting the needs of both parents, plus fulfilling all the requirements of Illinois law. During the divorce process, it is important to work with a skilled family law attorney who can ensure that all  subjects regarding parental responsibilities and parenting time will be properly addressed in a parenting plan. 

What Is a Parenting Plan?

A parenting plan is a legal agreement between divorcing parents that will be part of their final divorce decree. The plan will outline the parents' respective rights and responsibilities regarding their parenting duties, and also their relationships with their children. A parenting plan should include provisions for decision-making authority, parenting time or visitation, holidays, vacations, transportation arrangements, communication between parents and children, and other subjects related to the child's welfare. 

Illinois Requirements for Parenting Plans

In Illinois, divorcing parents are required to submit a written parenting plan proposal in order for their divorce to be finalized. If parents can work together to reach agreements on child-related issues by using their attorneys, mediation, or other methods, they can submit a single parenting plan together, and the judge in their case will typically approve this plan, as long as it is in the children's best interests. Alternatively, each parent can submit his or her own parenting plan that details their proposals for how different issues should be addressed, and the parents may then ask the judge to make the final decisions about any areas that are in dispute.

Just as there are a  variety of types of marriages, there are numerous different types of divorces. Some divorces are a result of one spouse having an affair, while other divorces occur  because the couple simply grows apart. The end of their marriage comes as a total shock to some spouses, while others have known it was coming for years. If you are in a situation where you and your spouse are not on the same page about how you want to end your marriage and move on with your life, you may be facing a contested divorce. Contested divorces are much more complicated and time-consuming than uncontested divorces, and a person going through this type of divorce is strongly encouraged to hire an experienced family law attorney.

Contested Divorce vs. Uncontested Divorce

Couples going thru a divorce who agree on subjects such as property and debt division, the allocation of parental responsibilities, parenting time, child support and spousal maintenance generally do not have to go through numerous court hearings or extensive legal negotiations in order to end their marriage. The court’s main purpose when it comes to divorce is to make rulings about issues on which couples disagree. There is usually no need for far-reaching court involvement when couples are willing to cooperate and compromise.

Contested Divorce

If one or both spouses dispute some aspect of their divorce and the couple cannot come to a compromise or agreement, they will probably be facing a contested divorce. An individual who wishes to divorce his or her spouse will need to first prepare and file the divorce petition. This is the legal document which formally requests the divorce. The person’s attorney then engages in the “discovery” portion of the divorce process, which involves gathering information about each spouse’s financial situation. Then there may be pre-trial legal motions and hearings. During this time, the attorneys will also attempt to negotiate a settlement.