When a couple divorces in the state of Illinois, the court will typically order one spouse to pay the other spouse maintenance, depending on many factors. In order to determine how much maintenance should be paid, the court considers a number of factors, including the couple’s incomes, ages, and health along with everything that was acquired during the marriage, including assets and debts.
The purpose of maintenance is to ensure that the spouse who is not earning as much money as the other spouse is able to live in a similar fashion after the divorce. This means that the spouse who is receiving maintenance can continue to afford to live in the same or similar home, pay for the same bills, and maintain the same standard of living.
There is a statutory formula for calculating maintenance but the court will look at each situation on a case-by-case basis. However, there are a few things that the court will always take into account, such as the length of the marriage, the spouse’s income, and the spouse’s needs.
In general, the longer the marriage lasts, the more maintenance the spouse will likely receive. The spouse’s income is also taken into account, as the court wants to ensure that the spouse who is receiving maintenance can still live comfortably. And finally, the spouse’s needs are considered, as the court wants to ensure that the spouse is not living in poverty.
If you are considering filing for divorce in Illinois, it is important to understand how maintenance is calculated and what factors the court will take into account. An experienced attorney can help you understand your rights and can guide you through the divorce process. Reach out to us at WARD FAMILY LAW, LLC for an initial consultation at jward@wardfamilylawchicago.com.
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