Factors that affect spousal maintenance in Illinois

There are many uncertainties when filing for divorce. A person cannot be certain of the outcome regarding things like property division, child custody and more. This is also true of spousal maintenance. Although many Illinois residents believe that spousal maintenance is a given, this is not always the case. A judge will take many different factors into account before deciding whether maintenance is appropriate.

The duration of a couple’s marriage is one such factor. For example, a judge may decide that the length of the marriage was too short to justify maintenance for either party. If a couple has been married long enough for maintenance to apply, the standard of living during the marriage is an important consideration.

Considering the standard of living is particularly important when looking at the income of both spouses, future earning abilities and needs. If each person’s income is sufficient to sustain the same or similar standard of living then maintenance might be necessary. However, if one spouse greatly outearned the other, a judge may decide that ordering maintenance is the best solution. How long the support order lasts might also be influenced by the recipient’s earning capacity.

These are only a few examples among many others that Illinois judges look at when considering spousal maintenance. In fact, the decision to order maintenance, the amount and the duration of the order are largely up to the discretion of the court. Since this is the case, it is important that any person who is concerned about spousal maintenance to advocate on behalf of his or her rights. An individual who takes the time to familiarize him or herself with relevant family law topics might find that doing so can be helpful for understanding those rights.

Read Our

Recent Blogs

What Are Tips for Achieving a Low-Conflict Divorce?

Even if you have a contested divorce that needs to undergo the litigation process, there is still a possibility of little conflict between you…

Read More
What Expensive Personal Items Will be Divided in My Divorce?

There are a lot of assets on the line when it comes to divorce. But aside from dividing real estate, family businesses, bank accounts,…

Read More
What Are Common Gray Divorce Issues in Illinois?

If you and your spouse have decided to go your separate ways later in life and after many years of marriage, then you are…

Read More

Contact Us Today!

  • This field is for validation purposes and should be left unchanged.