When Spousal Maintenance becomes an Issue

 Posted on October 24, 2012 in Divorce

Spousal support is a major concern during the divorce process because most marriages have very defined roles for the husband a wife. If one spouse was following a career path for 30 years while the other has been managing the household, then it is safe to assume that the earning power for each individual is going to be different. The state of Illinois takes special care to make sure both spouses can live life to the standards that they are accustomed to after going through a divorce.

There are three types of alimony or spousal maintenance that can be awarded in divorce court. The first is permanent support which is until death or until the paid party is remarried. This can be the case if the marriage lasted a long time or the spouse is disabled or past the age to be earning their own wage. There is also a type of support which is temporary. It is awarded if a spouse is going to experience a financial hardship due to the divorce until they can recover. The last kind of support is rehabilitative concerning getting back into the workforce. This type of spousal maintenance goes towards higher education or job training which helps the divorced party become financially dependent.

For couples in their 50s or 60s, most types of spousal support is permanent. Considering that once people reach the age of 65, almost 80% have one chronic medical condition and 50% have at least two. The bad news is that sometimes even a premarital agreement will not protect a healthy spouse from having to pay for the ongoing medical care. A judge may consider that without the contribution of the healthy spouse that the sick spouse may be financially destitute. That is why it is increasingly important to have superior legal advice concerning the dissolution of marriage. If you are considering divorce at an advanced age or looking to protect your future, then please contact an experienced divorce attorney in Oakbrook today.