Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Tuesday, October 26, 2010

Securing a Maintenance Obligation in IL

An article in the September issue of the Illinois Bar Journal discusses whether a court may order a maintenance-paying spouse to obtain life insurance as security for the obligation:

Illinois law once gave trial judges the discretion to order a party to obtain reasonable security for a maintenance obligation. (1) The current Illinois Marriage and Dissolution of Marriage Act ("dissolution act") no longer specifically provides for such discretion. Recently, a conflict between the appellate districts arose over whether trial courts have the discretion to order a maintenance-paying spouse to obtain life insurance as security for the maintenance obligation.

Read more here.


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Excellent post! I am very blessed that my parents are still married after almost 49 years of marriage. However, I have been divorced once, very early in my life after one child and I know how painful it was for her. Divorce IS very hard on everyone involved, especially the children, no matter how people like to twist it around and say that it isn’t. Thank you for addressing this very important issue.

Posted by: No Fault Divorce VA | Mar 2, 2011 2:25:58 AM

Interesting. In Ohio, the Judges can do this. However, whether or not they actually will varies from one court to the next.


Posted by: Ohio Divorce Attorney | Mar 3, 2011 5:06:25 PM

Divorce is gotten out of control, both from a relationship standpoint and a legal standpoint.


Posted by: Emotional Infidelity | May 8, 2011 4:16:58 PM

I'd have to agree with you that it has gotten a bit out of control. Obviously there are times when divorce is not only necessary, but also the best option, but I don't think that the majority of people filing are doing so because they've tried and tried their hardest. Marriage isn't like hiring a property maintenance or management company to do all the work for you. In marriage you have to put in the work.

Posted by: Chandler Property Management | Mar 27, 2012 2:01:06 PM

Good posting, im subscribing to your rss. Thanks for sharing a very informative article. Many thanks once more.

Posted by: portão basculante | Jun 24, 2012 3:50:39 AM

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