Naperville, IL family law attorney Jacqueline Helm discusses getting spousal maintenance if you’ve been out of the workforce for years raising the kids. She explains that yes, it’s important to consider that the current formula for calculating maintenance imputes income to a spouse who has not worked. For example, if a person has chosen to stay at home and raise children for 20 years, despite having education, the judge will determine a reasonable income that the spouse could earn if they were in the workforce. Your lawyer can present various factors to argue against imputing a higher income, such as the need to update their education or the ongoing responsibility of caring for the children, which may limit their ability to work.

In cases where there has been a significant gap in employment or limited education preventing someone from earning a substantial income, the judge may impute minimum wage income when calculating maintenance. The actual income of the working spouse is considered, along with the imputed income of the non-working spouse, and the duration of the marriage is taken into account to calculate the maintenance amount. It’s important to note that there are always factors that can be argued for deviation from the calculated amount. If someone has been out of the workforce for an extended period, it strengthens the case for awarding maintenance.