At one time, when a couple divorced, it was almost a given that the husband would be ordered to pay the wife alimony, now commonly referred to as spousal maintenance or spousal support. Over the past several decades, as societal roles have changed and women have become financially independent, spousal support is much less common than it used to be. There are also divorces where the wife is ordered to pay the husband support.

Although it is not as common, there are circumstances where the court will order one spouse to pay the other support. The following is a brief overview of how spousal maintenance works in Illinois divorces.

Types of Spousal Support

The court will order spousal support payments based on the specific needs of the spouse who will be receiving the payments, as well as the income of the spouse who will be paying. In Illinois, there are five different types of spousal maintenance that the court could order:

While the overall rate of divorce has declined over the past several years, the rate of gray divorces has increased. Gray divorces are those that involve couples who are 50 years of age or older. Gray divorces have some unique issues that often need to be addressed that divorces involving younger spouses typically do not. One of those important issues is health insurance. What options does a person who has always been on their spouse’s health insurance have when they are divorcing later in life, especially given the high price of health insurance for older people and how might this issue affect negotiations when it comes to the division of assets?

Why You Need Health Insurance

Given the high prices of medical care, everyone should have health insurance. All it takes is one serious illness or injury and the person can be facing overwhelming medical debt that can have a significant impact on their finances and may even lead to the need to file for bankruptcy.

While many people were wondering how the COVID-19 pandemic had affected divorce rates, World Population Review found that about 50 percent of married couples divorce in the United States as of 2022, giving the country the sixth-highest divorce rate in the world while secondary marriages had a higher likelihood of ending in divorce with a 60 percent rate. National Center for Health Statistics data showed 38 percent more marriages despite a 12 percent decline nationally in the first year of the pandemic. 

A report a few years ago found that while divorce was becoming less common among younger adults, the so-called gray divorce was on the rise with divorce rates doubling since the 1990s for American adults 50 years of age and older. Among people 65 years of age and older, the divorce rate has nearly tripled since 1990, now reaching six people divorcing per 1,000 married persons.

Common Causes of Divorce

The pandemic certainly placed greater stress on couples and the amounts of time they had to spend with one another. Spouses quickly learned a number of things that can impact having happy marriages, and a number of people took to getting a divorce.

All married couples have disagreements. Most marriages involve a series of high and low points, but there may be a point at which one or both spouses feel that the marriage is no longer healthy or manageable. When you have reached a point where you feel that your marriage has reached insurmountable odds, filing for divorce is generally a quite reasonable and practical step to take. However, it does happen that some spouses will face significant challenges, file for divorce, and then reconcile and remain married.

You should know that in Illinois, divorce cases can be paused or withdrawn with relative ease should you and your spouse agree that divorce is no longer in your best interests. It is also true that some individuals will file for divorce while still uncertain about whether they should stay in the marriage, and then determine that following through with terminating the marriage is the best option - this is common in spousal abuse cases when the victim files. Whether you finalize your divorce or stay married, strong legal representation is key to protecting your interests. 

What You Should Know About the Reconciliation Calendar

When you initiate divorce proceedings, your case is added to the court's calendar. In Cook County, the court maintains what is called the “reconciliation calendar.” The reconciliation calendar is effectively a list of divorce cases that have been paused by the parties. To have your case added to the reconciliation calendar, you and your spouse must mutually request for your divorce to be placed on hold. 

Litigating a divorce can be a difficult process. Today, it is generally used only as a last resort if all attempts at negotiation or mediation have failed. Of course, there are some cases where attempting to resolve the divorce out of court does not make sense, such as if one spouse is refusing to cooperate with the divorce or has abused you. Some divorces involving high-value marital assets are also very likely to be resolved through litigation because there is so much at stake.

If you expect to go to court for a contested divorce, you may be quite nervous. Knowing what to expect during litigation can help keep you feeling calm and prepared. It is critical that you are represented by an aggressive and experienced attorney during a contested divorce. Hensley Sendek Law offers top-quality representation in and out of court. 

What to Expect in a Contested Divorce

When you go to divorce litigation, you are asking the court to make decisions about each issue in your divorce case. Rather than reaching an agreement, you and your spouse will each try to prove to the court that issues should be resolved in your favor. Hearings will be held. These hearings work like trials. Your attorneys will be able to introduce evidence and call witnesses.