Formerly Known as Alimony
In some cases, a spouse will request maintenance. Generally, the spouse requesting maintenance is earning significantly less than his or her spouse and the parties have been married for a number of years.
A maintenance award can be temporary, i.e. entered prior to the Judgment for Dissolution of Marriage. Temporary maintenance allows the spouse to continue to pay the monthly bills and purchase everyday necessities during the divorce proceeding but prior to the entry of the final decree.
Maintenance that is awarded in the Judgment for Dissolution of Marriage can be either permanent or time-specific.
The financials of each marriage are different and the Illinois Marriage and Dissolution of Marriage Act does not provide percentage guidelines or formula. It is important for your attorney to know all the facts of your case before recommending a request for maintenance. Case law drives the trends in maintenance awards. Courts currently prefer a disproportionate distribution of property rather than a monthly monetary maintenance award.