If one spouse earns less than the other, do they get maintenance automatically?

By Candace Meyers
March 22, 2017
If one spouse earns less than the other, do they get maintenance automatically?

Not necessarily. If one spouse earns $150,000 and the other spouse earns $120,000, the spouse earning $120,000 would not necessarily get maintenance from the spouse who earns the higher amount. In our statute, the guidelines set forth that if after making the guideline calculation the spouse who's seeking maintenance would receive more than 40% of the total gross income of the two parties, then they would not be a candidate for maintenance.


Candace Meyers is a family lawyer at Boyle Feinberg, P.C. in Illinois. To learn more about the firm, visit www.bffamlaw.com. Visit their firm profile here.

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March 22, 2017
Categories:  FAQs

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