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Spousal Support or Maintenance in Illinois

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Maintenance or Spousal Support. When does it End?

Let’s say your Divorce Agreement gives you Spousal Support for a set period of years. You may lose your Maintenance or Spousal Support early if your Ex can show a substantial change of circumstance like losing his or her employment or that he or she was forced into retirement.

But what if you Ex simply quits his or her job?

Normally that will not get him or her out of paying support unless he or she can prove that they were forced to leave. Even then they might be required to seek work at the same rate of income.

The Judge could also “impute” income ruling that even if he or she quit the old job, they will have to pay Spousal Support or Maintenance based on what they were earning before they voluntarily left their employment.

What do you have to prove to get that Spousal Support or Maintenance to continue other than bad faith on the part of your ex?

1. The Illinois Judge will consider your age. In a recent case, the Court ruled that since the wife was 68 years of age and unlikely to get a job that would allow her to maintain the same or similar standard of living she enjoyed during the marriage, her maintenance would be continued until her ex retired.

2. The Court will consider your Lifestyle during the marriage. If you were taking lavish vacations several times a year and living in a luxury condo, the Judge might rule that you shouldn’t have to live in a one room studio with no money for entertanment whatsover.

If your Ex takes you to Court to Terminate your Spousal Support or Maintenance, you will need Legal Assistance. We at Gabrielle S. Davis, PC in Oak Park and Oak Brook, Illinois are experienced in prosecuting and defending Maintenance and Spousal Support Claims and would be happy to assist you.

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