A Guide to Spousal Maintenance in Illinois

 Posted on March 13, 2019 in Family Law

There are many elements of any given divorce case – from child custody to asset division. In this article, we will guide you through the spousal maintenance process in Illinois and highlight some of the things you need to be aware of when it comes to this topic.

Defining Spousal Maintenance

Spousal maintenance is essential a way of distributing marital property assets in a divorce case. Oftentimes in a divorce case, one party makes more (or has the ability to make more) than the other party. During a marriage, this is not typically an issue, as both parties can share these assets. However, during a divorce this can be a huge point of contention.

Temporary vs. Permanent

There are two basic types of spousal maintenance in Illinois – temporary and permanent. Temporary spousal maintenance is typically ordered as a temporary measure during the divorce proceedings while a more permanent solution is found. Permanent spousal maintenance is a long-term agreement that governs the future finances of both parties after the divorce.

Determining Spousal Maintenance

Determining spousal maintenance is a complex process. The court will consider a variety of factors before making a determination, including:

• The earing power/potential of each party
• Marital lifestyle
• Education level of each party
• Financial or educational sacrifices made by each party during the marriage

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