When a married couple divorces in the state of Illinois, one spouse may be ordered to pay maintenance to the other for a specified period of time. Courts in DuPage county, Kane and Kendall counties don’t tend to consider marital misconduct or fault when awarding maintenance. Instead, the courts look at the following in order to determine if and how much maintenance should be awarded:
- The income of both spouses
- The property owned by both spouses
- Any non-marital property owned by the requesting spouse
- The standard of living that was established for both spouses during the marriage
- The total length of the marriage
- The financial requirements of each spouse
- The future earning capacity of each spouse
- The age of both spouses, as well as each spouse’s physical condition
Other conditions that may influence the court’s decision of how much maintenance to award and to whom are whether one spouse gave up education or earning opportunities as a result of the marriage, or if one spouse will have difficulty transitioning into a single lifestyle following the divorce.
In cases where it would not be difficult for both spouses to support themselves following the divorce, the court may not award maintenance at all. Depending on the situation, an Illinois court may award temporary maintenance that will end after a specified period of time, or permanent maintenance. Permanent maintenance is rarely awarded and a spouse seeking this type of maintenance must clearly show cause for ongoing financial support from an ex-spouse.
An Experienced Illinois Maintenance Attorney Can Protect Your Rights & Interests
Regardless of which side you are on in a spousal maintenance case, it is important to have an attorney on your side to represent your rights and interests. Jennifer S. Wiesner has the skills and experience necessary to provide you with sound legal advice and can guide you through each step of the maintenance process.
For example, if you are a spouse seeking maintenance, Attorney Wiesner can assist you in gathering and presenting the necessary documentation to maximize the maintenance that is awarded to you by Illinois courts. Alternatively, if you are a spouse who may be ordered to pay maintenance in a divorce, Attorney Wiesner can petition the court for the denial of maintenance or can present necessary documentation to ensure that the maintenance awarded is fair and reasonable.
Contact Jennifer S. Wiesner Today:
Attorney Wiesner is available now to consult with you regarding your Illinois maintenance case. Contact the office today at (630) 562-2300 for a consultation to discuss your next move.