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Spousal maintenance: How does the court calculate it?

When going through the divorce process, you may have some questions about spousal maintenance. While there is no guarantee this will come into play, there’s a chance that it could be a sticking point as the process moves forward.

Unlike child support, family law judges have quite a bit of discretion when making final decisions on spousal maintenance. Although every situation is different, here are some of the factors that often come into play:

  • The standard of living during the marriage
  • The length of the marriage (the longer the marriage the greater chance there is of one person paying spousal maintenance)
  • The health of each individual
  • The age of each individual
  • The earning power and current income of each individual

Since there are so many factors to consider, it can be a challenge to understand what will happen in regards to spousal maintenance. Some people feel that they should receive support, so they fight for it from the start. Conversely, others know that their ex-spouse will fight for alimony, so they need to implement a strategy for protecting themselves.

At our law firm, we know the ins and outs of spousal maintenance in Illinois, including what typically comes into play as a judge looks over a case. It’s our job to help our clients understand their legal rights and the way things are likely to unfold.

If you’re going through a divorce and have any questions about spousal maintenance, make sure you know where things stand right now and what to expect as the days and weeks go by. There’s nothing more important than knowing and protecting your legal rights.

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