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Joliet IL divorce lawyerIf you have recently been through a divorce, you may be excited about the possibility of finding someone new to spend the rest of your life with. However, the thought of your former spouse doing the same may not be nearly as appealing. An ex’s remarriage can be difficult to deal with on a personal level, and it can also sometimes have legal implications when it comes to the terms of your divorce resolution. You should think carefully about how you handle this situation to avoid creating a hostile environment for everyone involved.

Emotionally Coping With Your Ex’s Remarriage

Whether it happens soon after divorce or several years later, news of your former spouse’s remarriage can reopen old wounds caused by the failure of your relationship, especially if you have not yet found a new partner yourself. It can be easy to let your emotions get the better of you and react irrationally, perhaps by lashing out at your ex, complaining about them to your friends and family and on social media, or even trying to sabotage their new relationship. If you are not careful, your behavior could cross into the realm of stalking or harassment, and you could be subject to criminal charges or an order of protection. Rather than giving in to your destructive urges, try talking to a therapist or trusted friend and focusing on your own work, hobbies, or relationships.

Effects on Spousal Maintenance

If your former spouse has been ordered to pay you maintenance after the divorce, you may find that they start to shirk their obligations after their remarriage. Getting remarried is not a valid reason to stop making payments, and if you cannot resolve your spouse’s nonpayment on your own, you have the right to petition the court for enforcement of the spousal support order. On the other hand, if you have been paying spousal support and you find out that your former spouse has remarried, you do have the right to stop making payments, and you should work with the court to terminate the maintenance order.

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Will County divorce attorneyThough getting a divorce is often the right decision for personal reasons, you may find yourself at risk of financial hardship without your spouse’s income, especially if your own earning ability is limited. Petitioning for spousal maintenance can help you meet your needs after the divorce, but these support payments usually have an end date, and they can terminate earlier than expected under certain circumstances. With this in mind, it is a good idea to start planning for your future as soon as possible.

How Long Will Support Payments Continue?

When an Illinois court determines that spousal support is appropriate, it will often be ordered for a fixed term, the length of which is figured using a calculation based on the length of the marriage. In general, a longer marriage means a longer duration of spousal maintenance payments, though the court may decide to deviate from the calculation depending on the specific circumstances. In any case, the end date of support payments will be included in the divorce decree. However, alimony payments can terminate before the expected end date if the receiving spouse remarries or moves in with a new partner, or if the paying spouse dies.

Getting Ready for Alimony to End

Even if the end date of your spousal maintenance payments is set for several years in the future, you should start preparing for that eventuality early on. An important first step is to create a budget that factors in all of your monthly and yearly income, including from spousal support and possibly child support if you are a parent, as well as your expenses. During this process, you may find opportunities to cut costs that can make your financial obligations more manageable.

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Joliet family law attorneyThe prospect of getting a divorce can be daunting, not only because of the major life changes it will bring, but also because of the many expenses associated with the process. You may be concerned about how the divorce will affect your financial stability, especially if you are ordered to pay spousal support, otherwise known as alimony or maintenance. You should know that an attorney can help you avoid financial hardship related to a spousal support order both during and after the divorce process.

Will I Be Ordered to Pay Alimony?

Many people are under the assumption that alimony is a part of every divorce resolution, but in Illinois, this is not the case. You will not automatically be ordered to pay spousal support just because you are getting divorced, nor simply because your spouse asks for it. Furthermore, spousal support is not used as a punishment for something that either spouse did to damage the marriage, so you do not need to worry about your past behavior influencing the court’s decision on this matter.

Illinois spousal support is instead typically based on a spouse’s need, such as when they are unable to support themselves or maintain their accustomed standard of living on their own after the divorce. If your spouse is financially secure, it is unlikely that you will be ordered to pay support. Similarly, if you and your spouse both have limited means, the court may determine that a spousal support order is unwarranted. When support is ordered, the amount is usually based on a calculation involving a percentage of each spouse’s income, which may protect you from an order that is beyond your means.

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Joliet family law attorneysFor those going through a divorce, the financial demands that come along with the legal process can make things challenging, especially for lower-earning or stay-at-home spouses. Rarely do spouses make the same amount of money, which can sometimes lead to issues throughout the marriage, divorce, and months following the split. In order to make up for this financial discrepancy, Illinois law requires divorcing couples to discuss spousal maintenance, also known as spousal support, and divorcing parents to create an agreement regarding child support obligations. Those in a cooperative divorce can typically create these legal designations with the help of their attorneys, while those battling it out in a courtroom will have these decisions made for them by a judge. Your divorce agreement is meant to last the tests of time, but what about when circumstances change? Many divorcees will seek out new romantic relationships as time passes, and in some cases, these new partners can impact the details of your divorce agreement.

Spousal Support

Any changes to your divorce agreement are known as post-divorce modifications. In any instance of adjustment, the requesting party must show a substantial change in circumstances. When it comes to spousal support obligations, the following circumstances warrant the termination of spousal maintenance:

  1. The death of either party
  2. The remarriage of the party who receives maintenance
  3. The cohabitation of the receiving party with another person on a continuing conjugal basis

As you can see, living with a new partner can lead to the automatic termination of spousal support. The purpose of spousal support is for one spouse to help the other until it is no longer financially necessary. These financial obligations are not meant to last forever. In fact, there are three different types of spousal support agreements that may be made. Fixed-term maintenance requires the paying party to provide financial support for a specific period of time, and at the end of that period they are no longer responsible for assisting their former spouse. Indefinite maintenance is an agreement with no specified end date, leaving this determination up in the air until modification or termination is requested. Reviewable maintenance sets a particular arrangement for a specified period of time, having both parties review the arrangement every few years.

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Will County alimony lawyerf you believe what you see on TV and in the movies, the “average” American family once looked quite different from what it looks like today. In many homes, the man of the house worked full time, while his wife was a stay-at-home mother and homemaker. Of course, this was not how every family worked, but the situation was so common that when a divorce occurred, it was practically assumed that the husband would make support payments—called alimony—to the wife to help her make ends meet.

In the last 40 years or so, much has changed about family life. Today, only a select few households can afford for just one spouse to work. Additionally, each spouse’s role can now be customized to meet their family’s needs with far less concern about social pressures or gender-based expectations. These changes have been reflected in divorce laws across the country, including here in Illinois, with lawmakers intent on making divorce as fair as possible for all couples. One example can be found in the state’s laws regarding alimony—now called spousal maintenance—and the fact that it will not always be ordered in divorce cases.

Important Factors

The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) says that if there is no prenuptial or postnuptial agreement that addresses the issue of maintenance, the court must determine that a need exists for such payments before they can be ordered. To determine need, the court will look at a number of factors related to the marriage and divorce, including:

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