Spousal Maintainence

//Spousal Maintainence

TERMINATION OF OBLIGATION TO PAY MAINTENANCE

Wife was not entitled to rehabilitative maintenance.   She had been cohabiting with another man on a continuing, conjugal basis.  There had been no subsequent reconciliation with her husband. “Unless otherwise agreed by the parties in a written agreement set forth in the judgment or otherwise approved by the court, the obligation to pay future maintenance [...]

By | October 25th, 2018|Maintenance, Spousal Maintainence|0 Comments

MAINTENANCE AND THE CASE OF BIGAMY

The term bigamy is defined as getting married to one person while legally married to another person. In Illinois, committing bigamy is a Class 4 felony. If a person is found guilty of this crime, he or she can be sentenced to up to three years in prison. That takes care of the criminal part. [...]

TRIAL COURT IMPROPERLY REDUCES MAINTENANCE

The parties returned to court 61 months after the divorce. Wife had received maintenance for five years. The court needed to conduct a general review of maintenance.  This had been provided for in the divorce decree. The Court reduced the unallocated maintenance.  This is a combined payment of child support and maintenance.  But, wife's standard [...]

By | July 19th, 2018|Spousal Maintainence|0 Comments

WHEN CAN SOCIAL SECURITY BENEFITS BE CONSIDERED?

A public school teacher filed for dissolution of marriage.  Her husband was a disabled pharmacist.   They had been married for 37 years. The trial court divided the property of the parties between them.   It awarded each party a one-half interest in wife’s pension from the Teachers’ Retirement System (TRS).  It denied wife maintenance.  Wife appealed. [...]

THE NEW MAINTENANCE GUIDELINES APPLY TO OLDER CASES

The new maintenance statute came into effect in Illinois January 1, 2016.  The parties divorced a number of years earlier. They went back to court after their divorce. The issue was modification of maintenance. Husband claimed that he was losing his job. He intended to retire. He argued that there was a substantial change of [...]

By | May 18th, 2018|Maintenance, Spousal Maintainence|0 Comments

WHAT DO YOU MEAN I’M COHABITING?

The parties divorce decree provided for husband to pay maintenance to wife. It was to stop if she cohabited with another person. About a year later, husband filed a petition to terminate maintenance.  The court denied his petition. He appealed. He had argued that wife had been in a dating relationship with another man for [...]

By | April 20th, 2018|Spousal Maintainence|0 Comments

INTIMATE DATING RELATIONSHIPS AND MAINTENANCE

Court awarded maintenance to Wife. Husband claimed that Wife had been cohabiting with her boyfriend.   Now ex-Husband petitions to terminate her maintenance because of the cohabitation. There is a rationale behind termination of maintenance when resident, continuing, conjugal cohabitation exists.   It is to prevent the unfairness created when the ex-spouse receiving maintenance becomes involved in [...]

By | March 23rd, 2018|Spousal Maintainence, Uncategorized|0 Comments

SOMETIMES IT IS A MAINTENANCE OR A PROPERTY AWARD, BUT NOT BOTH

The trial court awarded wife $12,500 per month in maintenance.  In addition to $1.64 million in marital property.    This was equal to the family business that husband would keep. Husband appealed the maintenance award. The Appellate Court reversed.   A large portion of the property to wife produced income. This property gave her enough income to [...]

By | February 22nd, 2018|Property Division, Spousal Maintainence|0 Comments

BE WARNED IF YOU STOP YOUR SPOUSE’S HEALTH INSURANCE COVERAGE

Husband filed for divorce. He earned about half of what wife earned. The children would live with wife and husband would pay child support. During the case, wife had removed husband from their health insurance coverage.  The court ordered wife to pay husband $9010.   That is what it cost husband to get health insurance.  From [...]

By | January 25th, 2018|Divorce and Insurance, Spousal Maintainence|0 Comments