New Maintenance Guidelines for Illinois Divorce Settlements in 2015

 Posted on July 21, 2015 in Spousal Maintenance

Illinois law stipulates that property or assets that couples acquire in the course of a marriage are to be equitably divided in the event of a divorce. However, this does not imply that all of the joint assets will be split 50 percent between the two partners.

January 2015 Ushered in New Law

Prior to January 2015, maintenance determinations were left to the discretion of Illinois family court judges. Judges were authorized to use their authority and best judgment to determine what would be an equitable division of assets per each couple’s unique circumstances.Mathematical formulations were used to determine child support, but for spousal support or, maintenance as it is commonly referred to in Illinois, there was no mathematical formula for a judge to reference.

The family court judge would make the determination as to whether or not a spousal maintenance order was necessary. The judge would also determine what amount of maintenance would be paid and for what time period.