Spousal Maintenance

Spousal Maintenance

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What is Maintenance (Spousal Support)?

The judge may require one spouse to pay the other spouse monthly support payments referred to as maintenance (formerly alimony) during the divorce process and after the divorce is finalized. The purpose of maintenance is to provide financial support to the lower income-earning (or unemployed) spouse. If children are involved, child support payments are separate from maintenance payments. 

Illinois law identifies a number of factors to consider in awarding maintenance, including but not limited to:
  • The income and property of each party
  • The needs of each party
  • The realistic and future earning potential of each party
  • The effects of parental responsibilities on a party’s ability to earn income
  • The roles of the parties during the marriage 
  • The standard of living during the marriage
  • The length of the marriage
  • The age, health, occupation, education and skills of each of the parties 
  • Any valid agreements between parties
Once it is determined that maintenance will be awarded, the monthly amount of maintenance and the duration may be established through Illinois statutory guidelines. A formula is applied based upon the incomes of each party in order to calculate the amount of the maintenance payments and the duration of the maintenance payments. While the goal of guideline formulas is to simplify the determination of the amount and duration of spousal maintenance, deviation from the guidelines is also possible.   

It is essential for your attorney to have an understanding of each party's income. Therefore, as a starting point, both parties will need to complete the Illinois statewide form called a Financial Affidavit. As part of the Financial Affidavit, the parties are to exchange recent tax returns and current income information. 

Click here for the link to download the Financial Affidavit form.

 How Can The Law Offices of Donna R. Farley Help?

Donna R. Farley and her team have handled countless cases involving maintenance (spousal support). They are knowledgeable about the application or non-application of the Illinois maintenance guidelines in a wide variety of situations. Donna R. Farley and her team have the experience required to negotiate creative solutions with lasting results. When settlement is not possible, Donna R. Farley and her team advocate effectively in the courtroom in both pursuing maintenance (spousal support) claims as well as defending against them.
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