Gabrielle S. Davis, P.C.

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Maintenance or Spousal Support: Most Frequently Asked Questions

Are you contemplating divorce? Are you entitled to maintenance or spousal support?

Here are the most frequently asked questions that I encounter in my practice:

1. How much will I get or how much will I have to pay?

In Illinois, we now have a formula which the Judge can follow to make that determination. He or she will take 30% of your gross less 20% his or her gross income and subtract those two numbers. The Judge will deviate from the formula depending on the facts of each individual case, however. If you are the one who might have to pay spousal support, the Judge can give you a credit for prior court ordered child support obligations.

How long will I receive spousal support? Is it temporary or permanent?

That depends on the length of your marriage. Again in Illinois that is based on a formula. The court will determine the length based on the date of filing for divorce not on the date the divorce is ultimately granted.

Wedding Cake.pngIf the marriage lasted over 20 years until the filing of the divorce, you could be looking at a "permanent" spousal support award until your ex retires or becomes disabled.

If I marry or have a live in boyfriend, will I lose my maintenance?


What happens if my ex-loses his job?

He can come into court and request suspension of his spousal support payments or a permanent lowering of the amount.

Can I continue to receive my ex's medical insurance benefits as a form of spousal support?

No but you can ask for enough spousal support to cover your medical insurance costs.

These are just a few but by no means all of the FAQS I encounter as a Divorce Lawyer. Hope that helps. If you have further questions as you contemplate divorce, I suggest you contact an attorney to schedule a free initial consultation.

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