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Factors in awarding maintenance

On Behalf of | Jul 21, 2021 | Alimony/maintenance

During a divorce, calculating alimony, child support, and assets can quickly become overwhelming and complicated, especially if you have a complex asset case. If you are in the process of getting a divorce in Illinois, understanding the factors that are often considered in awarding maintenance payments and support can help you to better grasp your own unique situation and potential outlook.

Need for maintenance

Whenever you are getting a divorce from a spouse, the need for alimony and ongoing maintenance payments is considered by a court of law. Determining whether or not a spouse requires maintenance payments after a divorce will depend on their ability to work, their current living situation, as well as the payor’s own needs and income.

The income of each spouse

When calculating maintenance payments as you are going through a divorce, the income of each spouse will be calculated and accounted for prior to making a final determination. If both spouses are making equal earnings, maintenance payments may not be required or necessary, depending on other contributing factors such as assets, policies, and even children in the picture.

Homemaker contribution law

Currently, the State of Illinois also requires courts to keep in mind the Homemaker Contribution, or the time and effort an individual contributed to the home by sacrificing their own livelihood in order to raise children and/or maintain a home. The Homemaker Contribution permits judges to investigate the income of both spouses as well as their non-monetary contributions to the marriage and/or properties as well as children to make a maintenance determination.

Any time you are dealing with a divorce, it is advisable to work alongside a legal firm that understands maintenance payments, divorces and the proper steps to take. With the right law firm to assist you, learn which maintenance solution is right for you and your former spouse.