Maintenance & Spousal Support Attorney

Illinois courts may award one or more types of maintenance in a Will County divorce case. The first is temporary support, which is paid while the divorce is ongoing and terminates upon the finalization of the case.

The second is rehabilitative maintenance, which is paid while a spouse completes education or training necessary to reenter the workforce and gain the skills necessary for employment. This type of support can be short-term, long-term, or indefinite with periodic review depending on the education and training required.

The final type of maintenance is permanent spousal support. Qualification for permanent spousal support is typically made on the length of the marriage, age of the spouses, and whether the spouse receiving maintenance has any illnesses or disabilities that would render it difficult to find work.

Before making a determination of how much spousal support to order, the court must first find that there is a need for maintenance payments. A need for financial assistance must be proven before spousal support can be considered. If both spouses can support themselves and maintain their standard of living, the court will generally not award maintenance. However, if the need for maintenance is proven, the Will County Court weighs the following factors when determining what types and how much spousal support should be paid:

• Each spouse’s income and property
• Each spouse’s need for support
• The present and future earning capacity of each spouse
• Impairment of the current and future earning capacity of the spouse requesting support due to decisions made during the marriage
• The standard of living established
• Length of the marriage
• How long the requesting spouse needs to receive the appropriate education, training, and employment to become financially independent
• Each spouse’s age and physical health
• Both spouses’ income
• Tax consequences
• Whether one spouse contributed to the other spouse’s education during the marriage, and more