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The Matrimonial StrategistLJN NewslettersNewsSections

Obligations of a Reviewable Maintenance Recipient

By Eric L. Schulman

Upon divorce, courts in Illinois typically award one of three types of maintenance to a spouse who is not self-sufficient: rehabilitative, reviewable, or permanent. Permanent maintenance is an indefinite award, typically provided in long-term marriages where one of the parties is employable only at a low income level compared with the previous standard of living. Rehabilitative maintenance is provided for a limited number of years and is designed to provide support while the recipient obtains the training or education needed to gain entry into the workforce.

Reviewable maintenance, the focus of this article, is awarded to a spouse for a specific number of months or years, at the end of which the court is to review the award and decide whether or at what level maintenance is to continue. The purpose of the review is to allow a court to assess the financial circumstances of the parties at the end of the review period, and to determine whether there is a need to extend the initial maintenance award. A party seeking to extend a maintenance award at a designated review point has the burden of demonstrating that an extension of the initial maintenance period is warranted. The court must consider a number of relevant factors in assessing whether to grant an extension of maintenance.

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