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ABA Family Legal Guide

Family Law

3.4 Separation, Annulment, and Divorce

Alimony/Maintenance

  1. What is alimony or maintenance?
  2. When do courts award alimony?
  3. What is rehabilitative support?
  4. What is permanent support?
  5. If one spouse supports the other through graduate or professional school, does the supporting spouse have a right to be compensated for increasing the earning capacity of the other spouse?

Side Bar - Case Study in Alimony

The wife was a majority shareholder in company started by her family. She drew a salary of $58,100 but was also entitled to distributions from the company in excess of $340,000 per year, and her shares in the company were worth between $2 million and $3 million. The husband had been employed by the company as a field sales manager with a salary of about $59,000 per year, but his salary was reduced to $38,000 when he left the company to become an officer in a bank. The wife was ordered to pay alimony to husband of $1,500 per month, subject to review by the court after twenty-four months.

Source: In re Marriage of Shinn (Illinois Appellate Court, 2000)

American Bar Association Family Legal Guide
Copyright © 2004 American Bar Association
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