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Basics of Spousal Maintenance

 Posted on October 07, 2012 in Alimony / Maintenance

Maintenance, formerly known as alimony, is not mandatory in Illinois like child support is. There is no guarantee when you are going through a divorce that you will either have to pay or receive maintenance. The Illinois statute that governs  that maintenance is 750 ILCS 5/504 (from Ch. 40, par. 504). The law states that maintenance may be granted "...without regard to marital misconduct, in gross or for fixed or indefinite periods of time, and the maintenance may be paid from the income or property of the other spouse after consideration of all relevant factors..." The court considers the following factors when deciding what, if any, maintenance will be granted according to the following:
  1. The income and property of each party.

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