Legal Question in Family Law in Illinois
Paying Maintenance
My STBX has retired and is collecting a pension in which I am entitled to half. We are currently going through a divorce and it has been recommended that I pay him maintenance as I am working full time and he is claiming to be disabled. If he can find a doctor to say he can not work, will I have to pay permanent maintenance to him? He is not disabled, nor has he been diagnosed by any doctor that I am aware of. He just does not want to work and would love to take half my salary while sitting home. Please advise.
1 Answer from Attorneys
Re: Paying Maintenance
You need to be careful with these type of situations. First, half of his pension that he earned while married to you is yours. If he tries to ask for maintenance, you will have to fight him on this. The key is to be aggressive in the beginning. It is MUCH easier and cheaper to fight hard up front than not fighting in the beginning, letting an order be entered that is unfair to you, and then having to overturn that existing order.
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