Property and Maintenance

This part of a divorce trial is not so simple as piles for “him” and “her.” First, careful study and research is often necessary to make sure that all of the property has been accounted for. Each piece of property is either marital or non-marital, which can become complicated when dealing with stock options, houses, retained corporate earnings, farms, and other assets. All property must then be valued and divided – but division does not necessarily mean an equal one. Illinois law gives a set of criteria for people and courts to consider. We often see multi-million dollar estates with many assets to classify, value, and divide.
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As for maintenance, this is a payment one spouse makes to another after the marriage ends. If one spouse cannot support him or herself, and the other spouse can contribute, in many circumstances maintenance is now ordered. The amount and length of time maintenance remains in place is much different case-to-case, and a long set of criteria exists for courts to consider in determining maintenance too. Illinois law provides no specific guideline or rules on how to calculate maintenance, and this is an area in which a skilled attorney can make a large difference in your case.