Legal Question in Family Law in Illinois

Is there case law in Illinois' Court of Appeals or Supreme Court regarding limits on payment of temporary maintenance to an ex-spouse? The ex-spouse is highly educated having earned four (4) degrees (Associates (merchandising and fashion), Bachelor of Science (materials & logistics management), MBA Finance, and JD law degree)

I have paid maintenance for almost 7 years to an ex-spouse who filed for divorce (at time she was gainfully employed) one month before she was terminated for inability to keep up with the workload in a single lawyer office. During the divorce proceedings she applied for and was awarded social security disability payments due to a diagnosis of irritable bowel syndrome, fibromyalgia and several mental illnesses (paranoia schizophrenia, major depression, borderline personality disorder, and post-traumatic stress disorder). A court order was issued for her to rehabilitate herself within 30 months of the date of the divorce decree after which time it was reviewed. During the deposition it was learned that she did not have fibromyalgia as alleged which influenced the judges decision on maintenance and she also did not adequately comply with the court order to find employment to become self-sufficient. Instead she spent most of her time trying to pass the Illinois State Bar Exam three (3) times and failed each time. I am aware that she attempted and failed to pass the bar exam five (5) times. After this review the judge recognized the inadequacy of her efforts to comply with the order to become self-sufficient as well as an inconsistency regarding her spending alot of time to pass the bar exam while claiming to be mentally ill. Without going to trial so that I would not be required to pay opposing counsel's legal fees for the motion he filed requesting I pay him also, the judge ordered her to work with her psychiatrists to rehabilitate herself and become self-sufficient and for me to continue to pay maintenance at a slightly reduced amount for another 18 months at which time maintenance would be reviewed. I am trying to rebuild my life and under Illinois divorce law I paid her half the equity in a home that I contributed 85%, half of my retirement, and maintenance payments during the divorce proceedings that lasted 24 months (at $800 per month), then 30 months (at $1,000 per month) plus an additional 12 months (at $1,000 per month). The maintenance review proceedings took this long because of my employment travel schedule, time to prepare and do the deposition, obtaining letters from two psychiatrists of their examinations and opinions (who by the way have different views of her condition) plus another 18 months (at $850 per month) for a total of about 84 months. Also the judge did not require interim monitoring or progress status reports. Also, I don't think the drugs and therapy are really helping her. And I have learned from authorities within the National Alliance of the Mentally Ill that we have a broken mental health system and that it is unusual for a person to be diagnosed with such a "cocktail" of mental illnesses.

I think I have paid more than enough. Does the law and society expect me to be responsible and accountable for an ex-spouse that believes things to be true that are in fact false and whose judgement may be impaired and whose efforts to rehabilitate herself and become self-sufficient are inadequate? What rights does a healthy ex-spouse have to rebuild his life and financial future and enable one to have a new healthy relationship? Do I have protections from delusional ex-spouse? Please advise - I'm scared.

Respectfully submitted,

Dennis Lalama


Asked on 3/21/10, 6:48 pm

1 Answer from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

You ask non-legal questions, to a certain extent. And yes the law says you married her and you are expected to deal with the cards you are dealt. If she has persuaded the Court that she is incapable of working and you had a long term mariage, then you are stuck with paying maintenance, probably forever. Law and society does not want to have to support her. They take the position that you should support her.

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Answered on 3/27/10, 7:48 am


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