Courtney ∙ Clark Law, P.C.Courtney ∙ Clark Law, P.C.
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Spousal maintenance could console financial concerns

When it comes to divorce you have a lot to consider. You don’t come to the conclusion to split lightly. You have concerns about the health and happiness of your children. You question what the future will hold as you’d be dismantling life as you know it. Finances are in the forefront of your mind. You wonder about the financial impact that separating will have—both at present and in the future.

The judge may determine that spousal maintenance is needed.

Spousal maintenance is paid to spouses who are determined to need financial support. In other states this practice is commonly referred to as alimony.

In 2015 the factors that determined spousal maintenance were reviewed and the process was changed.

These items factor into how spousal maintenance is calculated:

  • The amount of time you were married
  • The financial needs of both you and your spouse
  • The income, assets and future earning potential of you and your spouse
  • The amount of time it will take for both parties to become financially self sufficient
  • The age and health of you and your spouse
  • Any professional sacrifices made for the sake of the marriage
  • Any history of domestic abuse during the marriage

The calculation is done in two different steps:

  1. 20 percent of the receiving spouse’s income is subtracted from 30 percent of the paying spouse’s income.
  2. The length of the award is calculated based on the amount of time you were married.

You may be entitled to receive this financial support upon divorce. The court will determine if you are eligible based on several of the above mentioned factors.

The court will specifically consider:

  • The income of you and your spouse—including property post divorce
  • The present and future income earning potential of you and your spouse
  • If any professional sacrifices were made
  • The ages of you and your spouse
  • The physical and emotional health of you and your spouse

If you and your spouse are considering divorce, keep the lines of communication open. Your children will need to see you and your spouse as unified and working together.

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Courtney ∙ Clark Law, P.C.
104 South Charles Street
Belleville, IL 62220

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