Maintenance in Illinois, commonly referred to as spousal support or alimony, is a payment from one spouse to another after dissolution of the couple’s marriage or civil union. This may appear to be the same or substantially similar to child support. However, the two concepts are separate. While child support is payment by one spouse to another for the exclusive benefit and care of the child, spousal maintenance is paid for the benefit of the spouse, to allow the recipient spouse to maintain a similar lifestyle to the one enjoyed during the marriage or civil union.
Who is Entitled to Maintenance?
Before the Court calculates the amount and duration of maintenance, the Court must first make a finding that maintenance is appropriate in given case by considering the factors set forth in the Illinois Marriage and Dissolution of Marriage Act, which include without limitation:
- the income and property of each party, including marital property apportioned and non-marital property assigned to the party seeking maintenance as well as all financial obligations imposed on the parties as a result of the dissolution of marriage;
- 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 forgone or delayed education, training, employment, or career opportunities due to the marriage;
- 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;
- the effect of any parental responsibility arrangements and its effect on a party’s ability to seek or maintain 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 to each party;
- 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.
Courts have wide discretion to consider any factor that they find to be just an equitable in making a finding as to whether to award maintenance. The Court weights each factor and not one factor is determinative.
How is Maintenance Calculated?
In 2019, the Illinois Marriage and Dissolution of Marriage Act underwent major revisions for the calculation of maintenance payments. As of January 1, 2019, if the Court finds that maintenance is appropriate, maintenance is calculated by taking 33.33% of the paying spouse’s net income and subtracting 25% of the recipient spouse’s net income. However, the maintenance cannot cause the receiving spouse’s income to exceed 40% of the couple’s total net income.
This statutory formula also does not apply if the couple’s combined income exceeds $500,000. Furthermore, if the application of the guidelines results in a child support and maintenance obligation that exceeds 50% of the payor’s net income, the guidelines also do not apply. Courts also has discretion to deviate from the guidelines if it finds that the factors considered for the award of maintenance justify a deviation.
How is the Duration of Maintenance Calculated?
In Illinois, the duration of maintenance directly correlates to the length of the parties’ marriage, from the date of the marriage through the date that the action was commenced. This means that if the couple had a relatively short marriage, then the corresponding duration of maintenance payments will also be relatively short. The statutory guidelines for calculating maintenance are as follows.
Length of Marriage / Duration of Maintenance
- Less than 5 years – 20% of the length of marriage
- 5 years or more, but less than 6 years – 24% of the length of marriage
- 6 years or more, but less than 7 years – 28% of the length of marriage
- 7 years or more, but less than 8 years – 32% of the length of marriage
- 8 years or more, but less than 9 years – 36% of the length of marriage
- 9 years or more, but less than 10 years – 40% of the length of marriage
- 10 years or more, but less than 11 years – 44% of the length of marriage
- 11 years or more, but less than 12 years – 48% of the length of marriage
- 12 years or more, but less than 13 years – 52% of the length of marriage
- 13 years or more, but less than 14 years – 56% of the length of marriage
- 14 years or more, but less than 15 years – 60% of the length of marriage
- 15 years or more, but less than 16 years – 64% of the length of marriage
- 16 years or more, but less than 17 years – 68% of the length of marriage
- 17 years or more, but less than 18 years – 72% of the length of marriage
- 18 years or more, but less than 19 years – 76% of the length of marriage
- 19 years or more, but less than 20 years – 80% of the length of marriage
- 20 or more years – Equal to length of the marriage or indefinite maintenance, at discretion of the court
If a party files for divorce 7 years and 7 months into the marriage, the duration of maintenance based on the guidelines would be approximately 2 years and 5 months. Similarly, if a party files for divorce 22 years into the marriage, the Court may order that maintenance be paid for a 22-year period or for an indefinite period.
Contact Us Today
Although the Illinois Marriage and Dissolution of Marriage Act sets forth specific guidelines regarding spousal maintenance, the award of maintenance is still a very fact-based issue. Therefore, you need experienced family law attorneys who understand the complexities of your case and can advocate for your best interest. If spousal support is an issue in your divorce case, please contact the experienced attorneys at Hayes Law, LLC for a consultation.
