Agreement Make Modifiable

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Non-modifiable maintenance is awarded only upon the agreement of both parties. The terms of contractual and non-modifiable maintenance define a fixed amount for a specific duration that will remain intact regardless of any changes in income or employment of either party.
Conversely, in cases where alimony is modifiable, one party could file such a request with the court, he said. ... If the parties specifically set out in their divorce decree the amount of alimony is not subject to a later modification by the court that amount becomes static and will not change.
A non-modifiable alimony payment scheme is one that is set forth in a proposed divorce agreement, and which is not subject to subsequent alteration, whatever the changed circumstances of the parties after that divorce order is entered by the court.
Alimony that is awarded in gross is generally part of a property settlement agreement and is considered non-modifiable alimony. Non-modifiable alimony is a definite lump sum that can be paid in installments.
Typically, agreements that alimony is non-modifiable are included to insure that the payment amount does not change. ... It is therefore good practice to make sure that non-modifiable alimony agreements also include specific provision for termination of the alimony at death or upon remarriage of the recipient.
Usually, although not always, alimony -- spousal support as it it called in some states -- must be awarded in the initial divorce decree for the former wife to modify the amount after the divorce is final. State laws that very from state to state govern what type of alimony is awarded and how the amount is calculated.
Permanent maintenance refers to the obligation of one spouse to support the other for life. Permanent maintenance is typically available only in long-term marriages. Also, permanent maintenance is usually only awarded in cases in which there is a large disparity in the parties' incomes or earning capacities.
Permanent alimony is a type of support that is granted by a family court for a spouse who has most likely relied on their spouse for many years, or decades even, and will require extensive support after the marriage has ended.
For marriages lasting 15 to 20 years, maintenance is expected to last 30% to 40% of the length of the marriage. For marriages lasting more than 20 years, maintenance is expected to last 35% to 50% of the length of the marriage. If the recipient spouse remarries or either spouse dies, the payments will also end.
An Illinois court typically won't issue a permanent alimony order until the end of the divorce proceedings.
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