Out with the Old and In with the New: An Analysis of Illinois Maintenance Law under the Uniform Marriage and Divorce Act and a Proposal for Its Replacement
Drefchinski, Megan A.
MetadataShow full item record
Perhaps few issues in family law, or in legal jurisprudence generally, are debated as widely and heatedly as maintenance is. Opinions on the subject cover the full range of the spectrum, from the suggestion that maintenance should be limited, to the suggestion that it should be expanded. What does emerge as a unifying theme is the general dissatisfaction of scholars, litigants, practitioners, and judges with the current maintenance law provisions under the Uniform Marriage and Divorce Act ("UMDA”), which Illinois has adopted This comment argues that this dissatisfaction with the current maintenance provisions cannot be overcome, and that new provisions are necessary to fairly allocate maintenance awards. The purpose of this comment is to provide a general overview of some of the major theories scholars are advancing to replace existing maintenance law and to synthesize these theories into one workable solution.