Wendy R. Morgan

MAINTENANCE

There does not seem to be any middle ground on the issue of maintenance, formerly known as alimony. The spouse seeking maintenance views it as fair compensation for the sacrifice of a career, years out of the workplace while raising the children and taking care of the home, or for a disabled spouse or a spouse who is limited in earning income due to health conditions or other problems. The spouse paying maintenance views it as an unfair payment to an ex-spouse who seems to have every advantage in the job market.

Maintenance may be awarded to a spouse based on the respective parties’ net income and imputed income to a spouse, and the duration of the marriage at the time of the filing of a dissolution of marriage. Since 2015 these factors are now statutory and with the subsequent amendments to the Illinois Marriage and Dissolution of Marriage Act there are now specific calculations which can be done to determine the amounts and duration of maintenance. A spouse who is married more than 10 years, who is a candidate for maintenance will be also eligible for reviewable maintenance as opposed to fixed period maintenance. Any Court order for maintenance commencing January 1, 2019 and thereafter will not be taxable to the souse receiving the maintenance and will not be tax deductible to the payor. This is all of particular importance to a spouse, where there is a disparity in income and/or earning potential. The length of marriage, as well as the spouses' respective ages, physical conditions, work histories and extent of marketable skills of the parties are still some of the additional factors considered in determining maintenance. By agreement of the parties a spouse can still be bought out of their right to maintenance with other assets of the marriage.

Our experienced attorneys will identify the factors in your case to determine whether maintenance is warranted, the appropriate amount to pay, and for what length of time. If you are involved in a divorce that includes maintenance issues, you want to hire an attorney who understands all of the issues, including tax implications, cost of living allowances, what happens at retirement, and other important legal considerations.

Further, since July 2012, the Courts now have the authority to order life insurance to be maintained on the life of the payor to protect the spouse receiving maintenance.

The Law Firm of Wendy R. Morgan is a well established Family Law Practice with over 40 years of experience in handling complex matrimonial and family law matters. Knowledgeable advice and reliable representation from our experienced Family Law Attorneys are critical and necessary when pursuing these issues.

If you have questions about Maintenance, contact The Law Firm of Wendy R. Morgan to schedule your consultation with one of our experienced Family Law Attorneys.