Spousal Maintainence

//Spousal Maintainence

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

MAINTENANCE DEDUCTION IS ELIMINATED IN 2019 BY THE NEW TAX LAW

How will the new tax law affect families, businesses, and individuals?  Changes have been made to the child tax credit, the standard deduction, individual and corporate tax rates, the mortgage interest, and property tax deductions. Now maintenance is tax includible. That means that the person who gets maintenance adds it to their gross come. Maintenance [...]

By | January 17th, 2018|Spousal Maintainence, Uncategorized|0 Comments

RIDING A SINKING SHIP INTO THE DEEP SEA

In divorce court Wife originally got a large amount of maintenance.  This was to last until Husband retired.  He was a doctor.  Wife appealed. The Appellate Court said the trial court had decided the case right.  Wife had not managed the maintenance she had gotten. She had not prepared for Husband’s retirement.    She had not [...]

By | December 19th, 2017|Spousal Maintainence|0 Comments

CAN COURTS BASE MAINTENANCE ON A PERCENTAGE OF THE PAYOR’S INCOME?

Parties are divorcing.  The trial court ordered Husband to pay Wife temporary maintenance.   $3,700 per month plus 20% of Husband’s future bonuses.  The order was to be reviewed after seven years.  Husband and wife both appealed. Husband argued that the maintenance should stop at three years. He also argued that the bonus payment was wrong.  [...]

By | December 19th, 2017|Spousal Maintainence|0 Comments