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What does Illinois consider when awarding spousal maintenance?

On Behalf of | Oct 29, 2021 | Divorce

Your financial future may look quite a bit different after an Illinois divorce than it did beforehand. If you, like many others in your shoes, have concerns about being able to provide for yourself without the help of your former partner, you may decide to ask for spousal maintenance in your divorce.

Per the Illinois General Assembly, the state’s court system refers to a specific set of variables when figuring out whether to make a spousal maintenance award in your divorce. Some of the areas that undergo review in a spousal support case are as follows.

Your future earning potential and that of your ex

You may be more likely to get spousal maintenance in your split if your employment prospects are bleak. For example, if you are nearing retirement age, or if you have been out of the workforce for years or even decades, you may have a hard time finding gainful employment and supporting yourself.

The standard of living enjoyed during the marriage

The standard of living you enjoyed during your marriage also plays a role in spousal maintenance decisions. The goal is often to help you maintain a similar standard of living after your divorce that you did while your marriage was intact.

Your parental responsibilities and those of your ex

How much time each of you devotes to parenting any children you share may also factor in when you request spousal maintenance. For example, if you are your child’s primary caretaker and your child is still young, this may raise your chances of securing maintenance in your split.

These are some of the considerations that often undergo review when you ask for spousal support. However, this is not an exhaustive list of all areas that may carry relevance.