Illinois Divorce Laws

Illinois Divorce Laws regarding Maintenance

Illinois compiled statutes 750 Chapter 5 Section 504 are the basis of laws about spousal support. Some of the issues that guide the decision of maintenance are as follows –

• Presence of a valid agreement between the partners
• If the career potential, career, license, training or education of one partner has been offered services or input by the partner requesting maintenance
• How the respective financial conditions of both the partners have been effected by the tax of property division
• The emotional and physical state and age of both partners
• The period of marital life
• During marital life, what standard of living was enjoyed by the partners
• What period is required by the partner requesting spousal support to attain apt education, training and employment?
• If the partner seeking alimony is capable of becoming self supportive by means of employment or should not search employment being the custodian of a child
• If the present and future earning ability of the partner requesting spousal support has been harmed, as this partner has dedicated time to domestic duties or the marital status of this partner has resulted in delay or missing of career opportunities, employment or education
• The present and future earning abilities of both partners
• The requirements of both partners
• The property and income of both partners inclusive of non-marital and marital property

Illinois Divorce Laws regarding Property Distribution

All the property that has been obtained by both partners after the marriage and before the judgment of dissolution of marriage is regarded as marital property. The title of the property may be held by the partners individually or in some form of co-ownership like community property, tenancy by the entirety, tenancy in common or joint tenancy. Marital misconduct is not considered while dividing the marital property. The factors which are taken into account are as follows –

• How the economical states of both partners have been affected by tax of the property division
• The reasonable chance for each partner to acquire income and capital assets in the future
• If the property division is in addition to or in lieu of spousal support
• The needs, liabilities, estate, employability, vocational skills, sources and amount of income, occupation, health and age of both the spouses
• Presence of a post-nuptial agreement amongst the partners
• If either partner had any previous marriage due to which the partner is eligible for any rights or obligations
• The relevant financial states of each partner at the moment the property division would be effected inclusive of the desire to award the family home or the right to reside in it for reasonable duration to the partner who has the custody of the child or children
• The period of marital life
• The property value allocated to each partner
• If any partner has dissipated the non-marital or marital property
• The input of each partner to the increase or decrease in value or the acquisition or preservation of marital or non-marital property inclusive of the input of a partner as a homemaker

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