Illinois Divorce Law: Can My Spouse See My Medical Records?

Rincker Law Family/Matrimonial Law Leave a Comment

Medical records are required to be produced if they are relevant for spousal maintenance.  If the spouse requesting maintenance is claiming he or she cannot work because of a medical condition, then the other spouse is entitled to the medical records.

During the discovery phase of litigation, the parties may request documents that are relevant to the divorce, including spousal maintenance claims.  Accordingly, medical conditions can be relevant for spousal maintenance since it is one of the factors considered by the court in awarding maintenance.  So, when a spouse requests maintenance and claims he or she cannot work because of a medical condition, that medical condition is relevant.

However, the judge may limit the medical records available to the other spouse and allow redaction of certain information.

 

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