Anyone who is going through a divorce in DuPage County likely has questions and concerns about the financial aspects of divorce. More specifically, you may be wondering: will I need to pay spousal maintenance, or will I be eligible to receive spousal maintenance? In the event spousal maintenance is awarded, most couples in DuPage County will have spousal maintenance calculated accorded to guidelines based on income. While courts can deviate from these guidelines in some circumstances, the guidelines are a good bet for calculating a likely spousal maintenance award.
Determining Whether a Spousal Maintenance Award Is Appropriate
Before you begin calculating a likely spousal maintenance award, it is important to understand that everyone is not simply entitled to spousal maintenance. Under Section 504 of the Illinois Marriage and Dissolution of Marriage Act (IMDMA), before the court ever gets to the point of calculating a spousal maintenance award, it first needs to make a finding as to whether a maintenance award is appropriate. To do so, it considers a wide variety of factors listed in the statute. Examples of some of those factors include but are not limited to:
- Each of the parties’ incomes;
- Needs of each of the parties;
- Present and future earning capacity of each of the parties;
- Impairment of either of the parties’ present and future earning capacity due to devoting time to domestic duties during the marriage;
- Standard of living established during the marriage;
- Duration of the marriage; and
- Age and health of each of the parties.
Once the court determines that one of the spouses should receive a maintenance award, then its calculation of the amount of the award largely depends upon the couples’ combined income....