Addressing Spousal Maintenance in a Divorce Case

 Posted on April 13, 2023 in Alimony

The Illinois Marriage and Dissolution of Marriage Act uses the term maintenance to describe what was once known as alimony or spousal support. In Illinois, a court can grant a maintenance award to either spouse in amounts and for periods of time the court deems just without regard to marital misconduct.

The purpose of a maintenance award is to allow one spouse to continue living the life they had become accustomed to during the marriage. This may happen when mothers or fathers choose to stay home and raise the children instead of pursuing an education or career. Many different factors can impact whether a judge will order a person to make maintenance payments.

How Maintenance Works

Illinois uses a basic annual maintenance formula to determine the specific amount the recipient spouse will receive. The amount awarded cannot cause a receiving spouse to earn more than 40 percent of a couple’s combined net income. The duration of time that the paying spouse must continue to provide the maintenance is determined by the length of the marriage prior to the divorce beginning, among other factors.

For a marriage of 20 or more years, a court can order maintenance for a period equal to the length of the marriage or for an indefinite term. The factors that are typically considered when a court is determining whether maintenance is appropriate include:

• Each spouse’s income, property, and financial need

• Current and future earning potentials of each spouse

• The amount of time a recipient spouse needs to seek education or job training to improve their earning potential

• The standard of living established during the marriage

• The length of the marriage

• Factors relating to employability, like a spouse’s age or physical health

• All other sources of public or private income

• Tax obligations possibly created by a division of marital property

• Contributions either party made to the education or earning potential of the other partner

• Prenuptial or post-nuptial agreements

Contact a DuPage County Maintenance Attorney 

If you have questions about how spousal maintenance is going to factor into your divorce, get legal help right away. The Naperville, IL maintenance lawyers at J. Aldrich Law, P.C. understand the most effective ways to handle these cases and know how to help clients get their desired outcomes. 

Call 630-953-3000 for a free consultation. 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000