Chicago Maintenance Lawyers

How Maintenance Works in Illinois

Illinois law gives courts a clear framework for deciding maintenance, but the outcome still turns on the facts of your case. Here is a general look at how the process usually unfolds.

Deciding whether maintenance is appropriate.

Before any dollar amount comes up, the court decides whether support should be awarded at all. Section 504 of the IMDMA requires the Court to consider the following factors when determining if a party should receive maintenance from his or her spouse:

• The income and property of each party;
• The needs of each party;
• The realistic present and future earning capacity of each party;
• Any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having foregone or delayed education, training, employment, or career opportunities;
• Any impairment of the realistic present or future earning capacity of the party against whom maintenance is sought;
• The time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment, and whether that party is able to support himself or herself through appropriate employment or any parental responsibility arrangements and its effect on the party seeking employment;
• The standard of living established during the marriage;
• The duration of the marriage;
• The age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and the needs of each of the parties;
• All sources of public and private income, including, without limitation, disability and retirement income;
• The tax consequences of the property division upon the respective economic circumstances of the parties;
• Contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse;
• Any valid agreement of the parties; and
• Any other factor that the Court expressly finds to be just and equitable.

Calculating the amount and the length.

The IMDMA calculates the duration of maintenance by multiplying the length of the marriage by the applicable factor (below):

• Less than 5 years: Multiply the length of the marriage by .20
• 5 years or more but less than 6 years: Multiply the length of the marriage by .24
• 6 years or more but less than 7 years: Multiply the length of the marriage by .28
• 7 years or more but less than 8 years: Multiply the length of the marriage by .32
• 8 years or more but less than 9 years: Multiply the length of the marriage by .36
• 9 years or more but less than 10 years: Multiple the length of the marriage by .40
• 10 years or more but less than 11 years: Multiply the length of the marriage by .44
• 11 years or more but less than 12 years: Multiply the length of the marriage by .48
• 12 years or more but less than 13 years: Multiply the length of the marriage by .52
• 13 years or more but less than 14 years: Multiply the length of the marriage by .56
• 14 years or more but less than 15 years: Multiply the length of the marriage by .60
• 15 years or more but less than 16 years: Multiply the length of the marriage by .64
• 16 years or more but less than 17 years: Multiply the length of the marriage by .68
• 17 years or more but less than 18 years: Multiply the length of the marriage by .72
• 18 years or more but less than 19 years: Multiply the length of the marriage by .76
• 19 years or more but less than 20 years: Multiply the length of the marriage by .80
• 20 + years: The Court has the discretion to order either indefinite maintenance, or maintenance for a period equal to the length of the marriage.

The length of the marriage is determined from the date of your marriage until the filing of a petition for dissolution of marriage by either spouse.

If the couple earns less than $500,000 in gross annual income and there are no child support or maintenance obligations from a prior marriage, then the amount and duration of a spousal maintenance award can be determined by a simple formula:

(33.33% of the payor’s net income) – (25% of the recipient’s net income) = maintenance amount.

However, a maintenance award is capped at 40% of the combined net incomes of the spouses.

For Example, if payor’s net income (after taxes) is $100,000 and recipient’s net (after taxes) income is $50,000, the maintenance would be calculated as follows:

(33.33% of $100,000) – (25% of $50,000) = $20,833.33 in maintenance.

If a spouse was to receive maintenance using this formula, then the recipient would receive his or her income of $50,000 and $20,000 in maintenance. However, 40% of the parties’ combined gross income is $60,000. Therefore, the recipient’s maintenance would be capped at $10,000 ($60,000 – $50,000).

Temporary maintenance. A divorce can take months to finish. During that time, one spouse may need help paying bills. Temporary maintenance provides support while the case is still open, so you are not left covering everything on your own before the final judgment.

Reviewing income. Both sides usually exchange detailed financial information. We review pay records, tax returns, benefits, retirement accounts, and other sources of income so the numbers reflect reality, not guesswork.

Modification. Life changes after a divorce. When there is a significant change in circumstances, such as a job loss, a serious illness, retirement, or a major income shift, either spouse can ask the court to modify or end an existing order.

Enforcement. When payments stop or fall behind, you have legal ways to collect what is owed. Courts can order back payments, garnish wages, and use other tools to hold a non-paying spouse accountable.

Why Choose Hammer Serna & Quinn, LLC

Our team at Hammer Serna & Quinn, LLC, is ready to help you determine the next steps following your divorce, including areas such as child support, decision making, and maintenance. Here is why Illinois residents choose our firm:

We treat you like a person, not a file. You will work with attorneys who take the time to understand your goals, your worries, and your family. We return calls, answer questions, and keep you informed at every stage.

We know Illinois maintenance law inside and out. From guideline calculations to arguments for departing from them, we build cases grounded in the law and the real facts of your situation.

We prepare for every outcome. Many cases settle, and we work hard to reach fair agreements without a fight. When a case needs to go before a judge, we are ready.

Choosing the right legal support can make a challenging process more manageable. With a focus on your priorities and a commitment to clear communication, we work to protect your interests and achieve outcomes that align with your needs. Reach out to take the next step toward resolving your case effectively.

Talk With Us About Your Situation

If you are a financially-dependent spouse with concerns about your financial future, or if your spouse is demanding an unreasonable amount or duration of spousal maintenance, you need advice and advocacy from a matrimonial lawyer with knowledge and experience handling these complex issues in Illinois. The divorce attorneys at Hammer Serna & Quinn have the skills to protect your financial future by securing a maintenance award that suits your unique needs.