New Guidelines Permit Fixed Term Spousal Maintenance

 Posted on July 21, 2015 in Divorce

In Illinois, judges formerly maintained full discretion regarding spousal maintenance payments in individual divorce cases. Now, due to 2014 legislation that was signed into law by former Governor Pat Quinn, guidelines have been established to streamline the process and make more congruent rulings for all divorcing couples in Illinois. Instead of judges having sole discretion to determine payments, the court must use a standardized formula to decide payment amounts and the length of the order. Before any payments can be established, a judge must determine whether or not a divorcing spouse is eligible for spousal maintenance. Factors that are taken into consideration include, but are not limited to, the following:

• Income and earning potential of each party;
• Living standards established during marriage;
• Length of the marriage; and
• Property ownership and allocation.