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Can I get alimony while my divorce is pending?

Leaving your spouse is a huge decision, and it comes with lots of financial fallout. Many people worry whether they’ll be able to support themselves on their own income, especially if they’ve been a stay at home parent. Even if you’ve been employed at least part-time, it’s still a stressful time to sort out finances. The good news is that Illinois law allows for temporary spousal support. This used to be called alimony under the law, and it’s now sometimes called “maintenance.”

While a divorce case is pending, after the petition is filed, one spouse can be ordered to pay the other spouse a certain amount of support in order to allow the payee spouse to maintain their living situation during the divorce. Typically, the spouses in this situation would have very different income levels. The higher-paid spouse would pay support to the lower paid spouse.

Spousal support is in addition to child support, if there are children involved. However, like anything else financial that is done on a temporary basis, it can be changed at the end of the divorce case. For instance, if at the end of the divorce, the judge determines that it wasn’t fair to order temporary alimony, the payee spouse could be ordered to pay back the payor spouse of their share of the marital assets.

If you have questions about whether you might be able to obtain temporary spousal support, please contact our office ….


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