QUESTION

We live in Illinois. My wife and I are considering divorce. My average reported income for the past 3 years has been $35K, hers been approx $120K

Asked on Jul 21st, 2011 on Family Law - Illinois
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Can a husband file for maintenance in this situation?
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1 ANSWER

Divorce Attorney serving Des Plaines, IL at Law Office of Sven M. Sommers
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Keith: As a general rule, yes. An award of maintenance is not dependent on gender.  In determining an award of maintenance, the Courts will look to length of the marriage, income disparity, ability to remedy the income disparity (as well as the possibility of it growing), and some other smaller factors.  If you are coming from a 30-year marriage, you have better chance of getting maintenance, and at a higher percent, than if you are coming from a 3-year marriage.   This answer is intended for informational purposes only and does not create a binding attorney-client relationship.
Answered on Oct 01st, 2011 at 8:03 PM

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