Maintenance and Divorce: How it Changes Over Time

Under the new Illinois Marriage and Dissolution of Marriage Act, maintenance, also known as spousal support, is calculated through a formula that didn’t exist prior to January 1, 2016. This assures almost any spouse with a demonstrated need maintenance for at least some amount of time after the divorce is finalized.

However, maintenance isn’t an issue that is set and forgotten about. In fact, it’s one of the most fluid issues that can be adjusted, when appropriate, after your divorce is complete. So, why would a maintenance payment change and what can you expect?

Common Reasons Why Maintenance Changes Over Time

There are several common situations that may cause maintenance payments to change. Let’s say, for example, you’re receiving payments from your husband because during your marriage, you quit your job to raise the family. Now, after being out of work for 10 years during the course of your marriage, you’re getting a divorce.

In this case, you will be awarded maintenance. However, you may be expected to work again if you have the education and earning potential to do so. This would mean that once you secure a job again, you may receive reduced maintenance or no maintenance at all depending upon how much you make and how it compares to your former spouse’s income.

As you can imagine, each case varies significantly depending on many factors such as:

  • The income of both parties;
  • The financial needs of both parties;
  • The current and future earning potential of both parties;
  • The age, health, and ability to work demonstrated by both parties; and
  • Pre- and post-nuptial agreements.

Of course, there are other issues the court may consider in awarding maintenance. However, these few should give you a good idea as to what is most influential when courts are making decisions with regard to maintenance.

If You’re Confused About Maintenance, Contact Lawrence R. Surinak Ltd. 

Maintenance can be a confusing topic and is important to many following divorce. After all, it’s important that you feel financially secure after divorce and if you haven’t worked for several years, maintenance will help.

To learn more about how maintenance will work in your case, contact Larry for your free 30-minute consultation at 630-470-9990 or fill out our simple online form. We look forward to speaking with you and providing guidance and support during this difficult time in your life.

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