Illinois Divorce and Maintenance Laws

March 22, 2017
Maintenance and Divorce
During a divorce, legal separation, or declaration of invalidity of marriage occurs one of the spouses may be entitled to maintenance.   Likewise, when divorce proceedings occur and maintenance is awarded for either spouse, the amount and period of time it is paid out to the spouse is determined by the court without regard to marital misconduct.   If you are in the process of needing help with a maintenance issue, help from a skilled Illinois divorce attorney can greatly help you through the process.
How is Maintenance Paid?
Maintenance during a divorce may be allocated from income or property of the other spouse, whichever the court feels is appropriate.  Furthermore, all factors into granting maintenance during a divorce includes:

  • Income and property of each party: marital and non-marital property assigned to spouse seeking maintenance
  • The needs of both spouses
  • Realistic present and future earnings of both parties
  • Any impairment of the present and future earning capacity that the spouse seeking maintenance and the other person
  • Time frame needed to enable the party seeking maintenance appropriate training, education, or support
  • Length of the marriage
  • Standard of living while married
  • All sources of public and private income
  • Age, health, station, occupation, skills, employability, and liabilities of both spouses
  • Tax consequences
  • Contributions of services by both spouses
  • Agreements and other factors by both spouses

 How Maintenance is Calculated?
When a court determines the appropriate amount of maintenance during a divorce, many factors rule into the amount awarded.  When the combined gross income of both parties is less than $250,000 and the spouse paying maintenance does not have to pay child support or maintenance to a prior relationship the following applies:

  • 30% of the payer’s gross income minus 20% of the payee’s gross income
  • May not exceed 40% of the combined gross income of both spouses
  • Calculated by multiplying the length of the marriage

 If the marriage lasted 20 years or more, the court can order either permanent maintenance or help the length the spouses were married. 
Divorce is a financially challenging and emotional process and it helps to have a knowledgeable Edwardsville family law attorney at your side.  Besserman Law Office, LLC understands what it takes to help you through such a difficult time in your life with ease.  Please contact our office today if you are in need of a successful Illinois divorce attorney.  

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