When a judge determines spousal maintenance, they examine your complete financial picture. Whether you are the higher earner or the supported spouse, the same rules apply to both of you. Hence, knowing what courts consider is your first step toward protecting the wealth you have built.
Four assets courts review in maintenance cases
Before the court determines a maintenance amount, it first takes stock of what each spouse owns. Here is what they look at:
- Real estate: Your primary residence, vacation homes and any investment properties you own all fall under this category.
- Financial accounts: This covers bank accounts, savings accounts and certificates of deposit (CDs).
- Investments: Courts look at stocks, bonds, brokerage accounts and equity in privately held businesses.
- Retirement accounts: Courts assess investment retirement accounts (IRAs), 401(k)s and pensions based on their ability to generate future income.
Beyond what you own, courts also take a close look at how much each spouse earns.
8 income sources courts look at in your case
Once the court reviews your assets, it turns its attention to your income. Illinois courts cast a wide net when identifying income, going well beyond a regular paycheck. Here are the eight sources they commonly examine:
- Wages and salary: Courts count all income you earn from regular employment.
- Bonuses and commissions: Courts include these in your income if you receive them on a regular or recurring basis.
- Investment income: They factor in interest, dividends and capital gains you earn from stocks, bonds or other investments.
- Rental income: Courts use your gross rental earnings minus legitimate operating expenses such as maintenance and taxes to reach a final figure.
- Self-employment income: They also look at your net business earnings after allowable business deductions.
- Retirement and pension benefits: Courts also include any payments you currently receive from retirement accounts, 401(k)s or pensions.
- Social Security or disability benefits: They also count any government-issued payments you receive on a regular basis.
- Imputed income: Courts may assign this figure to you if they find that you are voluntarily unemployed or underemployed to avoid paying support.
With a clear understanding of what courts review, you can take smarter action to protect your financial future.
Protect the financial future you have built
When you understand the full scope of what goes into a maintenance decision, you can approach your situation with clarity rather than uncertainty. Every financial decision you make during this process matters and going in informed makes a real difference. The right guidance at the right time can help you navigate this chapter thoughtfully and come out on the other side with your financial security intact.