In this video, our Champaign cooperative divorce attorneys explain Illinois spousal maintenance law, including factors courts consider in determining whether maintenance is appropriate and how courts determine whether to deviate from statutory guidelines. If maintenance is appropriate, the court is instructed to use specific formulas to determine both the amount and the duration of the award in most cases. In certain cases, courts are permitted to deviate from the statutory formulas, in which case the divorce court will use the statutory factors to determine the amount and duration of the maintenance award. In determining whether spousal maintenance is to be awarded, the divorce courts will assess the following factors. These factors are also weighed to determine the amount and duration of child support in cases in which the statutory formula is not applied:
- The income and property of each party;
- The needs of each party;
- The present and future earning capacity of each party;
- The "Homemaker Contribution";
- Any impairment of the present or future earning capacity of the party against whom maintenance is sought;
- The time necessary for the party seeking maintenance to obtain the appropriate education, training, and employment;
- The standard of living during the marriage;
- The duration of the marriage;
- The age and physical and emotional condition of both spouses;
- All sources of public and private income, including disability and retirement income;
- Tax consequences of the property division;
- Contributions of one spouse to the other's education or career;
- Agreements between the parties;
- Any other factor that the court finds to be just and equitable.