Income Producing Assets And Maintenance In An Illinois Divorce - Russell D. Knight

From Law Office of Russell D. Knight - Income Producing Assets And Maintenance In An Illinois Divorce breaks down the critical connection between income-generating property and the calculation of spousal maintenance after a marital dissolution in Illinois. This episode dives into how courts determine whether maintenance (formerly known as alimony) is even necessary when each party receives potentially lucrative financial assets during the divorce process.

We examine what Illinois law says about awarding maintenance under 750 ILCS 5/504(a), and how factors like gross income from all sources—including investment income and property distribution—shape the final outcome. Quoting insights from cases such as In re Marriage of Lindman, Heroy, Bratcher, and Brankin, this episode also unpacks how courts assess whether the assets awarded to a spouse are sufficient to meet their needs or if maintenance is still justified to preserve their standard of living.

Listeners will also learn how guideline and non-guideline maintenance calculations work, including the controversial practice of "double dipping"—when a court considers the same asset both as property awarded and as income to determine maintenance. Through the lens of In re Marriage of Eberhardt, McLauchlan, and the Illinois Supreme Court’s rulings in Dahm-Schell and McGrath, we clarify the evolving interpretation of income in divorce proceedings.

Closing with a practical framework—Standard of Living = Return on Assets = Maintenance—this episode underscores the importance of understanding financial implications post-divorce. Whether you're navigating the complexities of asset division or anticipating future financial obligations, the Law Office of Russell D. Knight offers deep legal perspective drawn from decades of Illinois family law experience.

Law Office of Russell D. Knight

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