Spousal maintenance is one of the most misunderstood aspects of the Illinois divorce process. While the division of marital assets is a part of all divorces, and child support is a part of all divorces involving minor children, spousal support is much more situational. You may be able to secure spousal support through a prenuptial agreement or a divorce settlement agreement with your spouse. However, if you cannot reach such an agreement, you will have to demonstrate to the court that maintenance is warranted in your case.
Temporary Maintenance During the Divorce Process
Your need for financial support may begin as soon as you and your spouse separate and the divorce is filed. This is especially true if you do not have easy access to your marital assets. You can pursue temporary maintenance by filing a petition with the court that has jurisdiction over your divorce.
Along with your petition, you will need to file a financial affidavit and any relevant evidence that shows your limited income and resources. This evidence may include recent tax returns, pay stubs and other income statements, and statements from any bank accounts that you have access to. You might also include evidence of your regular expenses. Your affidavit and supporting evidence will be the primary basis for the court’s decision as to whether to grant temporary maintenance, and if so, how much maintenance to grant....