Legal Question in Family Law in Illinois
maintinance
If you are awarded insurance coverage in a divorce case from your ex, is it always considered maintenance to the recipient if that is all they are to receive in the settlement? This insurance is an extension like a cobra payment but lasts until I am eligible for Medicare.
I know this is unusual but it is a plan from the federal postal workers insurance plan. This was granted also because of an existing Diabetic condition of the recipient since I have no other way to have any kind of medical coverage. This is in the state of Illinois. Also is there an occasion where Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/510(c) would not apply in this case, since maintenance is only the insurance plan and a medical need is present.
1 Answer from Attorneys
Re: maintinance
First, look to what the decree says. If its silent (which means you probably did not have an attorney) then you should argue it is not maintenance, but rather a division of existing property. I would have to see all the facts to give a more precise answer.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
