Divorce: Married 33 yrs, 54 yrs old, children grown Agreed to amicable 50/50 split of property, pension, 401K etc. However, we may have different ideas on "maintenance" what is maintenance and what factors should be considered?
Optional Information: State/Country of Question: Illinois
Maintenance is support of the spouse who makes less money, however, this may now be either husband or wife, and it is awarded because neither spouse can be come a ward of the state, meaning they will have to get federal assistance because of the divorce. It is usually calculated based on the years the marriage lasted, number of children, and contribution of the spouse to receive the maintenance to the marriage. It also takes into consideration the education and employablility of the spouse requiring maintenance and has a limited time period. However this all may vary somewhat by state.If I’ve helped, please press the green ACCEPT button so I may get credit for my work. Positive feedback is always appreciated. These responses are for informational purposes only and so not constitute legal advice and therefore do not create an attorney client relationship.
While I appreciate your timely response, the answer does not tell me anything I didn't learn from my 1st free consultation w/ divorce attorney. He painted the same hazy picture. Let me provide you with a little more info. My wife worked for about 10 years eary in marriage, she is intelligent with good computer skills, was an autocad vendor rep and has designed a dozen houses. She has designed one w/i past couple years. However, she maintains (arguably so) that she is unskilled and has not worked in 20 years. Therefore she feels entitled to 50% of my current and all future earnings. And that she should not be required to work the rest of her life. My issue is that my youngest child is 26 and after she turned 18 my wife was no longer a "mother/ housewife". I asked her repeatedly over the years to get a job and help out - she refused.
What I am looking for in an answer is some tangable idea of maintenance (%,$, etc...) I don't want to wait until I walk into court to be told what is fair and equitable.
Unfortunately, it will be determined by the court based on all the factors which were previously outlined. How much does your wife want in maintenance? If you can find out from her what will be required, you will be closer to having a better idea before you get to court. Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you. Positive Feedback always appreciated. These responses don't create an attorney client relationship.
What I'm hearing is that there is no guidance for a couple to use to determine the split. It is purposefully vague, and what guidance may exist is proprietary to the lawyers and courts. I'm sorry to have wasted your time, and I do not accept the charges, the same vague advice could be gotten from a palm reader. I don't mean to sound insulting, but it has been frustrating getting any real answers or help unless we are willing to part with large retainer fees for something I could do.
Sorry you feel that way. Unfortunately, matrimonial law does have guidelines however, much is left to the discretion of the court in order to weigh the equities of each individual situation. This is done by using all the factors previously discussed.Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you. Positive Feedback always appreciated. These responses don't create an attorney client relationship.
We're getting closer, are these guidelines accesible, where would I find them? How about a "Divorce for Dummies" book. Can you recommend anything were I could find the answers?
Here are some guidelines in Illinois, hope it is more helpful, this is as close to a formula that you will get: 1) Who is entitled to maintenance (alimony), and what are the criteria for awarding it? Maintenance (formerly known as alimony, and in some states called spousal support) may be awarded to either spouse as the court deems just. Marital misconduct is not to be considered in awarding alimony. Maintenance may be paid from the income or property of the other spouse after consideration of all relevant factors, including: 1. the income and property of each party, including marital property apportioned and non-marital property assigned to the party seeking maintenance 2. the needs of each party 3. the present and future earning capacity of each party 4. any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having foregone or delayed education, training, employment, or career opportunities due to the marriage 5. the time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment, and whether that party is able to support himself or herself through appropriate employment or is the custodian of a child making it appropriate that the custodian not seek employment 6. the standard of living established during the marriage 7. the duration of the marriage 8. the age and the physical and emotional condition of both parties 9. the tax consequences of the property division upon the respective economic circumstances of the parties 10. contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse 11. any valid agreement of the parties; and 12. any other factor that the court expressly finds to be just and equitable. 2) Can a spouse be awarded temporary maintenance during the pendency of the divorce proceeding? During the pendency of the divorce action, temporary maintenance may be awarded. The temporary maintenance order ends when the judgment for dissolution is entered. 3) How long does maintenance last? Once the judgment for dissolution is entered, a spouse receiving maintenance is expected to make good faith efforts, considering his or her age, skills, and life experience, to become self-supporting. Short-term rehabilitative maintenance may be awarded to enable the receiving spouse to gain skills for self-support. Where both spouses are able to support themselves, even if one earns substantially more than the other, maintenance may not ordinarily be awarded. The disparity in economic position could be equalized by agreement of the parties, or by the court after trial, by distributing a disproportionate share of the marital estate to the lesser-earning spouse. Maintenance may be ordered for a set period and reviewed again to see if it should continue as is, be modified, or be ended. If a spouse can establish that he or she will be unable or unlikely to be able to become self-supporting, maintenance may be permanent. 4) Can maintenance be modified or terminated? The parties may agree to make maintenance non-modifiable, or modifiable under certain specified circumstances. If they do not agree to non-modifiable maintenance, a maintenance award will terminate automatically upon the death, remarriage or unmarried conjugal live-in relationship of the spouse being maintained. 5) What "change in circumstances" will support a petition for modification of maintenance? Material change in circumstances might include increased or decreased ability to pay, or a substantial change in the needs of either party. The same factors are to be considered in modifying as in an initial award of maintenance. A spouse receiving maintenance has an affirmative obligation to make an effort to become self-supporting. A court may limit the length of time maintenance is paid based upon all the circumstances. 6) Does the supporting spouse's retirement justify termination or a decrease in maintenance? Whether voluntary retirement will justify modification of maintenance depends upon the circumstances of the individual case. Relevant factors include the age, health status, motives and timing for the retirement, ability to pay maintenance after retirement, and the other spouse's ability to provide for himself or herself. If I've helped, please click ACCEPT so I can get credit for my work. This is informational only and is NOT legal advice. There is no attorney-client relationship. Consult a lawyer in your jurisdiction for specific legal advice.
Experience: 12 YEARS PRIVATE GENERAL PRACTICE , CIVIL APPEALS AND LITIGATION
Thank you I accept
Vince
You welcome-Good Luck.