The Law Offices of Brian A. Grady, P.C.
Attorney At Law
Itasca Bank & Trust Building
9 East Irving Park Road
Roselle, IL. 60172
Phone:(630) 351 - 4466
Fax: (630) 894 - 2528
MAINTENANCE / ALIMONY
Spousal support (maintenance) is different than child support. Child Support is usually a percentage of one party's income. Spousal support occurs when one spouse has to continue to maintain the other spouse by providing financial support to the other spouse, which is termed maintenance (formerly known as alimony).
There are numerous factors a court will evaluate in determining if maintenance is appropriate. The following are some of those relevant factors:
The income and property of each party, including marital property apportioned and non-marital property assigned to the party seeking maintenance and the following:;
- The needs of each party;
- The present and future earning capacity of each party;
- Any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having forgone or delayed education, training, employment, or career opportunities due to the marriage;
- The time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment, or and whether that party is able to support himself or herself through appropriate employment or is the custodian of a child making it appropriate that the custodian not seek employment;
- The standard of living established during the marriage;
- The duration of the marriage;
- The age and the physical and emotional condition of both parties;
- The tax consequences of the party division upon the respective economic circumstances of the parties;
- Contributions and services by the party seeking maintenance to the education , training, career or career potential, or license of the other spouse;
- Any valid agreement of the parties; and
- Any other factor that the court expressly finds to be just and equitable.
750 ILCS 5 / 504
There is no set amount, percentage of income, or duration of payments. Each case is different and takes into account all the above factors. For that reason, one spouse may not obtain maintenance in a dissolution action, while other spouse may receive $20,000.00 per month for life. Every set of facts in a particular dissolution case is different and as a result, there is not a set amount or duration of maintenance for any particular case. Each case presents a unique set of facts which will be reviewed by the judge in determining whatever maintenance (spousal support / alimony ) is appropriate and if so for how long.