Illinois Alimony / Spousal Maintenance

The attorneys at Casey Nelson LLP have extensive experience with handling cases involving spousal maintenance. Whether maintenance is granted or denied will depend on the specific facts of each case. Our attorneys understand the complexity of maintenance, formerly known as alimony, and help clients negotiate and determine the best possible outcome. Contact us to schedule an initial consultation to discuss your situation.

How is Maintenance Determined in an Illinois Divorce?

One of the most important issues in a divorce is whether or not Maintenance a allowed. If you are entitled to maintenance we will make sure you receive it. You should receive what you are entitled to under the statute. At Casey Nelson LLP, we utilize all the latest tools and employ the most update strategies to ensure you receive everything you are owed.

Maintenance, formerly known as alimony, may be ordered pursuant to the 12 statutory factors enumerated in Section 5/504 of the Illinois Marriage and Dissolution of Marriage Act. The statutory factors are as follows:

  1. income and property of each party;
  2. needs of each party;
  3. present and future earning capacity of each party;
  4. any impairment to earning capacity;
  5. time needed to get appropriate training and education for employment;
  6. standard of living during the marriage;
  7. duration of the marriage;
  8. age, physical and emotional health of each party;
  9. tax consequences;
  10. contributions and services by each party;
  11. agreements between the parties;
  12. any other fact that the court finds to be just and equitable.

2015 Illinois Law Establishing Spousal Maintenance Guidelines

Effective January 1, 2015, a new law amended section 504 of the IMDMA and drastically changed how maintenance is determined. The new law, P.A. 98-0961, creates a formula for calculating maintenance for couples whose combine gross income is less than $250,000. The formula is similar to the statutory guidelines used for determining child support. The court must first determine if an award of maintenance is appropriate, after consideration of all relevant factors, including the statutory factors listed above.

If the court determines that a maintenance award is appropriate, the court shall order maintenance in accordance with the following guidelines:

  1. In situations when the combined gross income of the parties is less than $250,000 and no multiple family exists, maintenance shall be in accordance with the guidelines, unless the court makes a finding that the application of the guidelines would be inappropriate.
    1. The amount shall be calculated by taking 30% of the payor’s gross income minus 20% of the payee’s gross income. The amount of maintenance, however, when added to the gross income of the payee, may not result in the payee receiving an amount that is in excess of 40% of the combined gross income of the parties.
    2. The duration of an award for maintenance shall be calculated by multiplying the length of the marriage by whichever of the following factors applies: 0 – 5 years (.20); 5 – 10 years (.40); 10 – 15 years (.60); or 15 – 20 years (.80). For a marriage in excess of 20 years, the court shall order either permanent maintenance or maintenance for a period equal to the length of the marriage.

The new law also provides that judges must deduct maintenance payments from the payor’s income for purposes of calculating child support.

Initial Free Consultation with an Experienced Illinois Alimony Attorney

The divorce attorneys of Casey Nelson LLP offer decades of experience advocating for clients with regard to spousal maintenance awards. Based in Wheaton, we work with clients in DuPage County, Kane County, Will County, and throughout Chicago's western suburbs. Contact us for a complimentary initial consultation — call 630-480-4280, email info@caseynelsonlaw.com, or complete our online information form.

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