Oak Brook Spousal Support Attorney Serving the Chicagoland Area

If you are contemplating a divorce or are currently in the process of divorcing, the question of how much money you will have available to meet monthly living expenses at the completion of the divorce is likely one of your primary concerns. The answer is fact-specific and depends on many factors, including how your property is divided and whether maintenance and child support are ordered. Maintenance (also commonly referred to as alimony or spousal support) is money paid by one spouse (the payor) to another (the payee) to assist the payee in supporting himself or herself. Illinois maintenance laws are summarized below. If you have questions about your specific situation, please contact our offices to speak to an experienced Illinois maintenance lawyer.

Gender and Fault Are Not Relevant to Maintenance

Either spouse may request maintenance. Gender is not a relevant factor when considering whether to award maintenance. Similarly, fault and misconduct are not relevant factors. Therefore, a spouse who cheated can neither be required to pay more maintenance nor precluded from receiving maintenance.

Making an Award of Maintenance in Illinois

If an award of maintenance is sought by any party to a divorce, the court must first determine that an award of maintenance is appropriate. Section 504 of the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”) outlines the factors a court must consider when determining whether an award of maintenance is appropriate. The factors are comprehensive and, in general terms, try to determine if there is a meaningful discrepancy in the parties’ ability to meet their living expenses and/or maintain their standard of living now and in the future. The family law court is required to consider the income, property, earning potential, employability, education, training, and health of both parties, among other things. After weighing these factors, the court will determine if maintenance is appropriate.

Determining the Amount of Maintenance in Illinois

Once a court determines that an award of maintenance is appropriate, then it can set the amount and duration of its award. For divorcing couples with a combined gross income of less than $500,000 and no maintenance or child support obligation from a prior relationship, Illinois law provides a formula for setting the amount of maintenance.

Illinois Maintenance Formula

The Illinois maintenance formula is relatively straightforward.  Section 504 of the IMDMA provides in relevant part that maintenance:

“shall be calculated by taking 33 1/3 % of the payor’s net income minus 25% of the payee’s net income. The amount calculated as maintenance, however, when added to the net income of the payee, may not result in the payee receiving an amount that is in excess of 40% of the combined net income of the parties.”

• Maintenance = (33 1/3% of Payor’s Net Income) – (25% of Payee’s Net Income)
• Maintenance + (Payee’s Net Income) ≤ 40% (Payor’s Net Income + Payee’s Net Income)

For purposes of calculating maintenance, gross income is defined as all income from all sources; some forms of income may be excluded.

Duration of a Maintenance Award

Section 504 of the IMDMA also sets the duration of a maintenance award based on the length of the marriage at the time a petition for divorce is filed. To calculate the duration of a maintenance award, multiply the length of the marriage by the appropriate factor:

• for marriages five years or less (0.20);
• marriages more than five years, but less than six (0.24);
• marriages six years or more, but less than seven, (0.28);
• marriages seven years or more, but less than eight, (0.32);
• marriages eight years or more, but less than nine, (0.36);
• marriages nine years or more, but less than ten, (0.40);
• marriages ten years or more, but less than eleven, (0.44);
• marriages eleven years or more, but less than twelve, (0.48);
• marriages twelve years or more, but less than thirteen,(0.52);
• marriages thirteen years or more, but less than fourteen,(0.56);
• marriages fourteen years or more, but less than fifteen, (0.60);
• marriages fifteen years or more, but less than sixteen, (0.64);
• marriages sixteen years or more, but less than seventeen, (0.68);
• marriages seventeen years or more, but less than eighteen, (0.72)
• marriages eighteen years or more but less than nineteen, (0.76)
• marriages nineteen years or more, but less than twenty, (0.80).

For a marriage of twenty years or more, the court, in its discretion, shall order maintenance for a period equal to the length of the marriage or for an indefinite term.

Deviating from the Illinois Maintenance Formula

A family law court may deviate from the guideline formula if a couple’s combined income is in excess of $500,000 or the court states a reason for deviating from the guidelines. For example, a court might award a disproportionately greater share of the marital property to the dependent spouse in an effort to cut all future ties between the couple and consequently award less maintenance than provided for in the maintenance guidelines.

Consult an Illinois Maintenance Lawyer

If you need help determining whether a maintenance award is likely in your situation, we can help. Our firm routinely handles maintenance cases. If you are looking for an experienced Illinois alimony attorney, contact us today to request a maintenance/alimony consultation.