How Temporary Maintenance Works During Divorce

 Posted on July 19, 2017 in Spousal Maintenance

In some marriages, one spouse may earn significantly more of income than the other. If this happens, a divorce may leave the lower earning spouse at a disadvantage in terms of being able to make ends meet. In extreme cases, he or she may not be able to even afford a divorce attorney. The state of Illinois generally may provide remedies for situations such as this and may require that the higher earning spouse continue to support his or her counterpart, even in the midst of a divorce.

Why Is This Allowed?

One might wonder why a court can essentially order a higher earning spouse to support the party who makes less money during a divorce. The answer lies in what is referred to as public policy. If a spouse cannot even afford a lawyer to help navigate the divorce process, he or she risks being taken advantage of by the spouse with more financial resources. This, in general, would not promote the common good and, therefore, is frowned upon by Illinois courts.

Courts also may order temporary support to ensure that both spouses are open and forthcoming about their finances during the divorce proceedings. If a higher earning spouse must open the coffers, so to speak, to provide support to his or her poorer spouse, there is less opportunity to hide assets or otherwise conceal income. Most courts will still permit ordinary, day-to-day expenses, but generally, major transactions like purchasing automobiles or vacations will be prohibited, lest too much marital property be spent or otherwise dissipated.

Changes Last Year

Prior to the January 2016 changes to the Illinois Marriage & Defense of Marriage Act (IMDMA), the procedure by which temporary support was obtained was much more complex. Each county, for example, had its own form and procedure for applying for temporary support. The 2016 changes standardized the form statewide, as well as specifying the documents required to go along with the application. By doing so, the law ensures that all the relevant financial information is ready when the fact-finder has need of it.

Another major change is that if a hearing is required to determine whether or not temporary support is necessary, it will no longer be considered evidentiary or relevant to future proceedings. This can streamline the process further by granting fewer opportunities to dispute, which can get support to the people who actually require it. The old process often took far too long and ended up duplicating the actual trial in terms of length, all of which frequently had a negative impact on the spouse who was already struggling financially.

Ask an Experienced Divorce Attorney

If your spouse wants a divorce, you have a right to be represented in that proceeding. Contact a skilled DuPage County divorce attorney to get the help you need. Call 630-352-2240 for a free, confidential consultation at Pesce Law Group, P.C. today.

Source:

http://www.ilga.gov/legislation/ilcs/documents/075000050k501.htm