When a couple gets divorced in Illinois, maintenance is not guaranteed for either spouse. Also known as alimony or spousal support, maintenance is only ordered by the court if such payments are found to be necessary and appropriate. In some cases, a divorcing couple will agree to maintenance terms on their own, and the court will typically approve these agreements as long as they are reasonable. When left up to the court, however, there must be a demonstrable need on the part of one spouse.
When determining whether award maintenance, the court must take into account more than a dozen factors, including each spouse’s age, health, income, earning potential, the length of the marriage, and the standard of living created during the union. Many of these factors address each spouse’s current situation, but according to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), there two specific considerations that deal with contributions and sacrifices made by a spouse in a supporting role as the primary homemaker or child-raiser.