What is Maintenance?
Maintenance is an award of spousal support, which may be permanent
or temporary, in an amount which the court seems just, regardless
of marital misconduct.
There are several,
relevant factors which the court will consider when deciding
if maintenance is appropriate. These include, but are not
limited to:
- The income and property of each spouse,
including marital and non-marital property;
- The needs of each party;
- The present and future earning capacity
of each party;
- Any impairment of the present or future
earning capacity due to the party devoting time to domestic
duties or having foregone or delayed education, training,
employment, or career opportunities due to the marriage;
- The time necessary to enable the party
seeking maintenance to acquire appropriate education, training
and employment;
- The standard of living established during
the marriage;
- The duration of the marriage;
- The age and physical and emotional condition
of both parties;
- The tax consequences of the property division
upon the respective economic circumstances of the parties;
- Contributions and services by the party
seeking maintenance to the education, training, career potential,
or license of the other spouse;
- Any valid agreement of the parties;
- Any other factor that the court expressly
find to be just and equitable.
What are the types
of maintenance?
"Temporary" maintenance is maintenance
for a specific period of time, sometimes with a review.
"Permanent" maintenance is lifetime
maintenance, but usually subject to statutory termination
events.
Maintenance "in gross" is a set
amount of maintenance, paid in one or more installments.
Maintenance for a "fixed" period
of time comprehends temporary maintenance and maintenance
in gross.
What are the statutory
termination events?
750 ILCS 5/510(c) states in part that the
obligation to pay future maintenance is terminated upon
the death of either party, or the remarriage of the party
receiving maintenance, or if the party receiving maintenance
cohabits with another person on a resident, continuing conjugal
basis.
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