Maurizio & Sharpe Attorneys at Law

 

Will my divorce include maintenance?

| Aug 27, 2020 | Divorce |

The financial impact of your divorce may be as great as its emotional impact. If there was a stark disparity between you and your spouse’s incomes, you will likely worry about your ability to make ends meet on your own.

Each state provides its own guidelines for maintenance, but the differences between states can be fairly subtle. Sometimes not. For example, Illinois courts calculate maintenance using two formulas whereas just over the border in Missouri, they don’t use a formula at all. For those seeking a divorce in Illinois, it is imperative t0 understand the laws as they exist in this state.

How Illinois calculates the yearly amount:

To reach this figure, you will subtract one-quarter of your yearly income from one-third of your spouse’s. Yet, if your income with maintenance is more than 40% of your combined earnings without it factored in, this amount will reduce.

How Illinois determines the length of the payments:

Your award’s duration will be a percentage of your marriage’s length as outlined by the state. Based on this formula, the longer your marriage lasted, the longer your spouse will provide you maintenance.

Other factors:

Beyond these formulas, a judge will weigh other factors when deciding whether to award maintenance. These may include:

  • You and your spouse’s current and future earning potential
  • You and your spouse’s distribution of marital duties
  • You and your spouse’s age
  • The physical and emotional health of you and your spouse
  • The lifestyle you and your spouse shared during your marriage
  • Whether you need training or education to become self-sufficient

It’s crucial you know your state’s maintenance laws. By understanding them, you can work toward securing a fair award.