Calculating Maintenance Payments in Illinois

 Posted on November 09, 2022 in Divorce

In some divorce cases, a spouse may seek payments for maintenance, which used to be more commonly known as alimony or spousal support. When a court in Illinois is considering a spousal maintenance case, it is generally going to have to review a number of factors before determining if maintenance is justified, how much it should be, and how long it will last.

People who are dealing with spousal maintenance as part of their divorce will want to seek legal representation for assistance filing their claims, whether they are the party seeking spousal maintenance or the party being asked to pay it. A skilled DuPage County divorce lawyer will know how to present the best evidence in court and fight to get you the most favorable outcome to your case.

Illinois Maintenance Laws

Under 750 Illinois Consolidated Statute § 5/504, a court first needs to make numerous findings relating to whether maintenance awards are appropriate. Analysis under 750 Illinois Consolidated Statute § 5/504(a) will involve considering all 14 of the following relevant factors:

• Property and income of each party

• The needs of each party

• Current and future earning capacities of both parties

• Any possible impairment of earning capacity for a party seeking maintenance because of time devoted to domestic duties or abandoned or delayed education, employment, training, or career chances because of the marriage

• Any earning capacity impairment for the party from maintenance is being sought from

• Time necessary for a party pursuing maintenance to receive necessary education, training, and employment, as well as whether they will be able to persist through appropriate employment

• Effect of parental responsibility arrangements and any effect they have on the ability to seek or maintain employment for either party

• The standard of living the parties enjoyed during their marriage

• Duration of a marriage

• The ages, health, occupations, amounts, and sources of income, estate, liabilities, employability, vocational skills, and needs of each party

• Every source of public and private income 

• Tax consequences for each party

• Contributions and services by a party seeking maintenance to the training, education, career, career potential, or license of their spouse

• A valid agreement between the parties

• Any other factor a court expressly finds to be just and equitable

The guideline method for calculating maintenance is the standard equation of 33.3 percent of a maintenance payer’s monthly net income – 25 percent of a maintenance recipient’s monthly net income, with payments not being more than 40 percent of the combined net income of the parties. 750 Illinois Consolidated Statute § 5/504(b-1)(1)(B) establishes that the duration of a maintenance award is determined by multiplying the length of the marriage at the time an action was commenced by these factors:

• Less than five years — 20 percent of the marriage length

• Marriage of five years to six years — 24 percent of the marriage length

• Marriage of six years to seven years — 28 percent of the marriage length

• Marriage of seven years to eight years — 32 percent of the marriage length

• Marriage of eight years to nine years — 36 percent of the marriage length

• Marriage of nine years to 10 years — 40 percent of the marriage length

• Marriage of 10 years to 11 years — 44 percent of the marriage length

• Marriage of 11 years to 12 years — 48 percent of the marriage length

• Marriage of 12 years to 13 years — 52 percent of the marriage length

• Marriage of 13 years to 14 years — 56 percent of the marriage length

• Marriage of 14 years to 15 years — 60 percent of the marriage length

• Marriage of 15 years to 16 years — 64 percent of the marriage length

• Marriage of 16 years to 17 years — 68 percent of the marriage length

• Marriage of 17 years to 18 years — 72 percent of the marriage length

• Marriage of 18 years to 19 years — 76 percent of the marriage length

• Marriage of 19 years to 20 years — 80 percent of the marriage length

• Marriage of 20 years to 11 years — Maintenance for a period equal to the length of the marriage or for an indefinite term

Contact a DuPage County Spousal Maintenance Attorney

When you are engaged in heated disputes about spousal maintenance in your divorce, make sure you have legal help on your side. The Naperville spousal maintenance lawyers at Calabrese Associates, P.C. can work to help you achieve the most desirable outcome to your case. You can call 630-393-3111 or contact us online for an introductory consultation. 

Source: 

https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm