United States:
Does It Matter When You File For Divorce?
15 August 2017
Katz & Stefani, LLC
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Does it matter when you file for divorce? Yes, in a
divorce case involving maintenance, the filing date of a Petition
for Dissolution of Marriage in Illinois may impact the term of the
maintenance award. Effective January 1, 2015, Illinois
adopted "guidelines" for maintenance (otherwise known as
alimony or spousal support) awards. In a case where one party may
be a maintenance recipient, the filing date of the Petition for
Dissolution of Marriage can be extremely important. That is
because the maintenance guidelines provide for a term of
maintenance that depends on the length of the marriage calculated
as the period from the date of the marriage to the date of filing
of Petition for Dissolution of Marriage.
The guidelines are applicable once it has been determined that a
maintenance award to one of the spouses is appropriate, and the
guidelines apply to situations where the combined gross income of
both parties is less than $250,000 and there is not a multiple
family situation. If applicable, the guidelines provide the
following calculation for a term of maintenance:
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The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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