Maintenance, formerly known as Alimony, is a concept that that has been discussed and talked about, most of the time incorrectly, in the movies and on television. To oversimplify, but make the point, maintenance works by bringing both parties to a similar living standard as they were used to during the marriage.
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The Law Office of Nicholas Baker understands that there are many misconceptions with the divorce process and especially when it comes to the topic of maintenance. We will sit down and work with you every step of the way and will fight for your rights to keep your property!
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Spousal maintenance is based on a number of factors, many of which are not necessarily “just the numbers.” For this reason, it is necessary to have an advocate on your side fighting to protect your rights—at the Law Office of Nicholas Baker, we fight for you. Maintenance in Illinois divorce law is governed by 750 ILCS 5/504 where it states, in part;
(a) In a proceeding for dissolution of marriage or legal separation or declaration of invalidity of marriage, or a proceeding for maintenance following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse, the court may grant a temporary or permanent maintenance award for either spouse in amounts and for periods of time as the court deems just, without regard to marital misconduct, in gross or for fixed or indefinite periods of time, and the maintenance may be paid from the income or property of the other spouse after consideration of all relevant factors, including:
(1) the income and property of each party, including marital property apportioned and non-marital property assigned to the party seeking maintenance;
(2) the needs of each party;
(3) the present and future earning capacity of each party;
(4) 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;
(5) the time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment, 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;
(6) the standard of living established during the marriage;
(7) the duration of the marriage;
(8) the age and the 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 or career potential, or license of the other spouse;
(11) any valid agreement of the parties; and
(12) any other factor that the court expressly finds to be just and equitable.
Because so many of these factors are ambiguous and are not hard and fast rules, it is difficult to make sense of what situation calls for maintenance and which situations do not. Our office will guide you through the divorce process and explore the issue of maintenance in great depth to make sure it is thoroughly covered. Don’t wait any longer, fill out the form on this page or just give us a call, we’re here to help, and we are ready to get started on your case with a free consultation!