Illinois Divorce Law...

Illinois Law - What Are Some Examples of Spousal Maintenance Awards?

The following are some examples of spousal maintenance cases.

Cases:

Homann (1995) 658 N.E.2d 492 (The husband was 84 years old and the wife was 67. The marriage had lasted seven years. The wife had assets totaling over $200,000, was in good health, and had been living frugally in the marriage. The husband's assets were approximately $228,000. The court found that no spousal maintenance need be paid.)

Waggoner (1994) 634 N.E.2d 1198 (The wife was working as a waitress for $5 per hour with no other source of income, had no health insurance and suffered from several serious health problems. The husband was receiving over $1,400 per month in temporary total disability and social security disability payments and was living with his parents. The court awarded maintenance of $200 per month for 18 months.)

Brown (1993) 181 Ill.Dec. 716, 241 Ill.App.3d 305, 608 N.E.2d 967 (The marriage had lasted 22 years. The wife was homemaker and cared for the two children, ages 18 and 20. The husband was half owner in a plumbing-supply distributorship that had had profits of $660,000 in the most recent year. The wife received assets of a home, with about $90,000 in equity plus a payment of $100,000 in cash, and a car. The wife was able to get a job, although she had only a high school degree. The wife's maintenance was set at $1,500 per month for five years.)

Pearson, (1992) 603 N.E.2d 720 (The wife had been a homemaker for 22 years, raising two children who were in college at the time of the trial. She had a teaching certificate and had worked part time as a teacher during the marriage. However, it was unclear whether she could get a job as a teacher at this point. She was also suffering from a medical condition that might have been Lupus. The court awarded her 65% of the home, which had total equity of about $113,000, a car, half the pension plan, and $600 per month for 36 months. But it also said it would look again at the end of 36 months to see whether she was employed or employable, and whether she had made good-faith efforts to obtain employment.)

Edison, (1992) 601 N.E.2d 298 (The marriage had lasted 19 years. Both parties were employed. Wife's yearly gross income was $18,000, was clearly insufficient to maintain the standard of living during the marriage. Husband's income was $44,000. There was one child, age 17 at trial. The court split the assets, totaling about $250,000, with about $150,000 going to the wife and $100,000 going to the husband. None of the assets awarded to the wife were income-producing at the time of the trial. The court awarded maintenance of $500 per month for 58 months, which ended, coincidentally perhaps, when the mortgage payments ended. The court also told the husband to pay 60% of the daughter's college expenses. The husband's income was enough to pay the maintenance and his share of the college expenses and his own expenses.)

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