Maintenance

What is Maintenance?

Maintenance is an award of spousal support, which may be permanent or temporary, in an amount which the court seems just, regardless of marital misconduct.

There are several, relevant factors which the court will consider when deciding if maintenance is appropriate. These include, but are not limited to:

1. The income and property of each spouse, including marital and non-marital property;
2. The needs of each party;
3. The present and future earning capacity of each party;
4. Any impairment of the present or future earning capacity due to the party devoting time to domestic duties or having foregone or delayed education, training, employment, or career opportunities due to the marriage;
5. The time necessary to enable the party seeking maintenance to acquire appropriate education, training and employment;
6. The standard of living established during the marriage;
7. The duration of the marriage;
8. The age and physical and emotional condition of both parties;
9. The tax consequences of the property division upon the respective economic circumstances of the parties;
10. Contributions and services by the party seeking maintenance to the education, training, career potential, or license of the other spouse;
11. Any valid agreement of the parties;
12. Any other factor that the court expressly find to be just and equitable.

What are the types of maintenance?

"Temporary" maintenance is maintenance for a specific period of time, sometimes with a review.

"Permanent" maintenance is lifetime maintenance, but usually subject to statutory termination events.

Maintenance "in gross" is a set amount of maintenance, paid in one or more installments.

Maintenance for a "fixed" period of time comprehends temporary maintenance and maintenance in gross.

What are the statutory termination events?

750 ILCS 5/510(c) states in part that the obligation to pay future maintenance is terminated upon the death of either party, or the remarriage of the party receiving maintenance, or if the party receiving maintenance cohabits with another person on a resident, continuing conjugal basis.

Child Support A court may order either or both parents owing a duty of support to a child of the marriage to pay an amount reasonable and necessary for his support, without regard to marital misconduct.

Child Custody custody be awarded in accordance with the best interests of the child. The focus of the court is therefore on the child.

Net Income Net Income is defined as the total of all income from all sources, minus deductions.

Visitation Seeking the proper amount of visitation can be a difficult task to address. There is no specific guideline other than that there be reasonable visitation to the non-physical custodial parent.