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IL divorce lawyerThere are so many things that you and your spouse must figure out before you can actually settle your divorce. You must determine how you will divide your marital property, who will live where, whether or not either of you are entitled to spousal support and the list goes on. When you have children, that list is even longer because you must also determine how you and your spouse will share parenting time, how parental responsibilities will be allocated, how much child support will be paid each month and where the child will live. With all of that, finally signing on the dotted line of your divorce agreement can seem like finishing a marathon.

However, when you divorce a spouse that you have children with, you will never truly be completely divorced from them. In fact, some of the same issues that you had to settle during your divorce may pop up again if you or your spouse ever get remarried. An Illinois divorce lawyer can help you request a modification of your divorce agreement in case either you or your ex get remarried.

Remarriage and Spousal Maintenance

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) states that any obligation to pay maintenance is terminated when the spouse receiving the maintenance remarries or cohabits with another person on a permanent, conjugal basis. The person receiving the maintenance also has a duty to notify the paying party before he or she gets married, as the maintenance payments end the day the cohabitation begins.

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WKOSpousal support, also known as maintenance, is court-ordered payments one spouse pays to the other spouse after a divorce.

The 750 Illinois Compiled Statute 5/504, titled ‘maintenance’ states that  “the court may grant a maintenance award for either spouse in amounts and for periods of time as the court deems just, without regard to marital misconduct, and the maintenance may be paid from the income or property of the other spouse.”

Ordered Maintenance

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Illinois divorce attorney, Illinois family law attorney, Illinois divorce laws,Sweeping tax reform legislation was passed by the United States Congress in December 2017, with the Tax Cuts and Jobs Act representing the largest change to the federal tax code in the past three decades. The changes implemented in this bill will have an impact on people across the country in a wide variety of ways, and both individuals and organizations are still working to determine how they will be affected. One area of this bill that divorcing spouses should be aware of is a major change to how spousal support (alimony) will be taxed.

Taxes on Spousal Maintenance

When spouses divorce, one spouse may be required to pay maintenance to the other spouse, allowing them to maintain a lifestyle similar to what they enjoyed when they were married. This is usually the case when one spouse earns a higher income or when a spouse has chosen to devote their time and energy to the family rather than to further their career. Prior to the tax reform bill, the spouse paying maintenance would deduct the amount of these payments from their taxable income, and the spouse receiving maintenance would pay taxes on these payments.

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