What you need to know about maintenance if you are getting divorced

Maintenance is not given in every Illinois divorce case. First, the parties may agree that one spouse will pay support to the other spouse after the divorce. If the parties do not agree, as is often the case, the court will determine whether or not spousal support is appropriate. Once it has been determined that you have “a maintenance case”, the terms will be set.

Maintenance can be either temporary or permanent and comes in different forms

  • Temporary maintenance is something that is paid while the divorce is still going on, if husband and wife have don’t have equal access to the money, and other requirements are met.
  • Permanent maintenance is maintenance that begins after the divorce, usually when the spouse receiving it will have a harder time generating his or her own income due to job skills, time away from the work force, age, poor health or other reasons.
  • Rehabilitative maintenance (also known as “periodic maintenance” or “reviewable maintenance”) is given while the other person gets back onto their feet and into the job force following the divorce and isn’t meant to last forever.
  • Maintenance may be paid “in gross” in one lump sum or more commonly, on a monthly basis.
  • If child support is being paid by the spouse who will also be paying maintenance, unallocated maintenance might also be an option and is usually done for tax purposes. It doesn’t distinguish between spousal maintenance and child support as it is all lumped together.

If you are concerned about having to pay maintenance or whether or not you can receive it in a divorce, contact O’Connor Cadiz Law for a comprehensive consultation where we will look at the specifics of your situation and advise you on spousal support or any other divorce related question you have. We are located in Schaumburg and Itasca; serving the counties of DuPage, Cook and Kane. Don’t forget to claim your free divorce book, “Defending the Ending” to learn more about maintenance. 

Carol O'Connor Cadiz
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Attorney & Owner at O'Connor Cadiz Law: Bankruptcy, Injury, Real Estate & Mediation