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Alimony/Maintenance in Illinois

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Illinois courts consider twelve factors in determining whether or not to award spousal maintenance in an Illinois divorce case:

  1. The income and property of each party.
  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.
  12. Any other factor that the court expressly finds to be just and equitable.

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