What does Illinois consider when awarding spousal maintenance?

On Behalf of | Oct 26, 2021 | Divorce |

When you and your husband or wife decide to split in Illinois, you may wonder whether you are going to be able to afford the same lifestyle you have enjoyed up until this point. You may decide to seek spousal maintenance from your former partner during your divorce. If you do, there are certain variables that determine if you might receive it.

Per the Illinois General Assembly, Illinois courts often consider the following factors when determining whether a spousal maintenance award is appropriate in your divorce.

You and your spouse’s income and property

If both you and your ex make a reasonable living and have your own assets, the state may decide not to award you spousal maintenance at all. However, if your spouse was the primary breadwinner and you stayed home to run the home or raise your shared children, an award may become more likely.

Your earning potential and that of your spouse

If you did wind up sacrificing your own professional career for the sake of your husband’s or wife’s, you may have concerns about returning to the workforce. Illinois often considers your marketable skills and overall employability before deciding whether you should get maintenance.

Your parental responsibilities and those of your spouse

How much time each of you devotes to raising your kids, and how old your kids are and how much help they need, also helps determine whether you receive spousal maintenance in your divorce.

These are some important considerations involved in determining whether you receive maintenance when your marriage ends. However, this is not an exhaustive list of all areas the state may review.

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