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(750 ILCS 5/504)
(from Ch. 40, par. 504)
(a) In a proceeding for dissolution of marriage or legal separation or
declaration of invalidity of marriage, or a proceeding for maintenance
following dissolution of the marriage by a court which lacked personal
jurisdiction over the absent spouse, the court may grant a temporary or
permanent maintenance award for either spouse in amounts and for periods of
time as the court deems just, without regard to marital misconduct, in
gross or for fixed or indefinite periods of time, and the maintenance may
be paid from the income or property of the other spouse after consideration
of all relevant factors, including:
(1) the income and property of each party, including
marital property apportioned and non-marital property assigned to the party seeking maintenance;
(2) the needs of each party;
(3) the present and future earning capacity of each
(4) any impairment of the present and future earning
capacity of the party seeking maintenance due to that party devoting time to domestic duties or having forgone or delayed education, training, employment, or career opportunities due to the marriage;
(5) the time necessary to enable the party seeking
maintenance to acquire appropriate education, training, and employment, and whether that party is able to support himself or herself through appropriate employment or is the custodian of a child making it appropriate that the custodian not seek employment;
(6) the standard of living established during the
(7) the duration of the marriage;
(8) the age and the physical and emotional condition
(9) the tax consequences of the property division
upon the respective economic circumstances of the parties;
(10) contributions and services by the party seeking
maintenance to the education, training, career or career potential, or license of the other spouse;
(11) any valid agreement of the parties; and
(12) any other factor that the court expressly finds
to be just and equitable.
(b-5) Any maintenance obligation including any unallocated maintenance and child support obligation, or any portion of any support obligation, that becomes due and remains unpaid shall accrue simple interest as set forth in Section 505 of this Act.
(b-7) Any new or existing maintenance order including any unallocated maintenance and child support order entered by the court under this Section shall be deemed to be a series of judgments against the person obligated to pay support thereunder. Each such judgment to be in the amount of each payment or installment of support and each such judgment to be deemed entered as of the date the corresponding payment or installment becomes due under the terms of the support order, except no judgment shall arise as to any installment coming due after the termination of maintenance as provided by Section 510 of the Illinois Marriage and Dissolution of Marriage Act or the provisions of any order for maintenance. Each such judgment shall have the full force, effect and attributes of any other judgment of this State, including the ability to be enforced. Notwithstanding any other State or local law to the contrary, a lien arises by operation of law against the real and personal property of the obligor for each installment of overdue support owed by the obligor.
(c) The court may grant and enforce the payment of maintenance during
the pendency of an appeal as the court shall deem reasonable and proper.
(d) No maintenance shall accrue during the period in which a party is
imprisoned for failure to comply with the court's order for the payment of
(e) When maintenance is to be paid through the clerk of the court in a
county of 1,000,000 inhabitants or less, the order shall direct the obligor
to pay to the clerk, in addition to the maintenance payments, all fees
imposed by the county board under paragraph (3) of subsection (u) of
Section 27.1 of the Clerks of Courts Act. Unless paid in cash or pursuant
to an order for withholding, the payment of the fee shall be by a separate
instrument from the support payment and shall be made to the order of
(f) An award ordered by a court upon entry of a dissolution judgment or upon entry of an award of maintenance following a reservation of maintenance in a dissolution judgment may be reasonably secured, in whole or in part, by life insurance on the
payor's life on terms as to which the parties agree, or, if they do not agree, on such terms determined by the court,
subject to the following:
(1) With respect to existing life insurance, provided
the court is apprised through evidence, stipulation, or otherwise as to level of death benefits, premium, and other relevant data and makes findings relative thereto, the court may allocate death benefits, the right to assign death benefits, or the obligation for future premium payments between the parties as it deems just.
(2) To the extent the court determines that its award
should be secured, in whole or in part, by new life insurance on the payor's life, the court may only order:
(i) that the payor cooperate on all appropriate
steps for the payee to obtain such new life insurance; and
(ii) that the payee, at his or her sole option
and expense, may obtain such new life insurance on the payor's life up to a maximum level of death benefit coverage, or descending death benefit coverage, as is set by the court, such level not to exceed a reasonable amount in light of the court's award, with the payee or the payee's designee being the beneficiary of such life insurance.
In determining the maximum level of death benefit
coverage, the court shall take into account all relevant facts and circumstances, including the impact on access to life insurance by the maintenance payor. If in resolving any issues under paragraph (2) of this subsection (f) a court reviews any submitted or proposed application for new insurance on the life of a maintenance payor, the review shall be in camera.
(3) A judgment shall expressly set forth that all
death benefits paid under life insurance on a payor's life maintained or obtained pursuant to this subsection to secure maintenance are designated as excludable from the gross income of the maintenance payee under Section 71(b)(1)(B) of the Internal Revenue Code, unless an agreement or stipulation of the parties otherwise provides.
(Source: P.A. 97-186, eff. 7-22-11; 97-608, eff. 1-1-12; 97-813, eff. 7-13-12.)