Spousal maintenance, still commonly called alimony, is a payment from one former spouse to the other after a divorce. In Illinois the court makes two separate decisions: first, whether maintenance is appropriate at all, and second, if it is, how much and for how long. The first question is answered by weighing statutory factors including the income and property of each party, the needs of each party, the realistic present and future earning capacity of each, any impairment of earning capacity caused by devoting time to domestic duties, the standard of living established during the marriage, the duration of the marriage, and the age and health of the parties.
If the court decides maintenance is appropriate, Illinois applies a statutory guideline formula in cases where the parties’ combined gross income falls below a threshold set by statute. The formula calculates the amount from a percentage of the payor’s net income reduced by a percentage of the recipient’s, subject to a cap tied to the parties’ combined net income. The duration is determined by multiplying the length of the marriage by a statutory factor that increases with the length of the marriage, and maintenance may be awarded for an indefinite term in the case of long marriages. Because the statutory figures are adjusted from time to time, the current numbers should be confirmed for your case.
Courts may deviate from the guidelines where their application would be inappropriate, and the guidelines do not apply where the parties’ combined income exceeds the statutory threshold. Maintenance may also be fixed by agreement, and the parties may agree that an award is non-modifiable — a decision with long-term consequences that should be made with a clear understanding of what is being given up.
Maintenance generally terminates on the death of either party, the recipient’s remarriage, or the recipient’s cohabitation with another person on a resident, continuing, conjugal basis. Cohabitation cases are heavily fact-driven and frequently litigated. Attorney Marinov has handled maintenance claims and defenses in Illinois courts for over twenty years, including modification and termination proceedings. Contact our office to discuss how the guidelines are likely to apply to your marriage.
Yes. Illinois uses the term maintenance; alimony is the older term and is still widely used.
There is no automatic right to maintenance. The court first decides whether an award is appropriate based on statutory factors including the length of the marriage, the parties’ incomes and earning capacities, and the standard of living during the marriage.
Where the parties’ combined gross income falls below the statutory threshold, a guideline formula applies, based on a percentage of the payor’s net income reduced by a percentage of the recipient’s, subject to a cap tied to combined net income.
Duration is generally the length of the marriage multiplied by a statutory factor that increases with the length of the marriage. For long marriages, maintenance may be awarded for an indefinite term.
No. They do not apply where the parties’ combined income exceeds the statutory threshold, and a court may deviate where applying them would be inappropriate, so long as it explains its reasoning.
Illinois is a no-fault state, and marital misconduct is not a factor in setting maintenance. Financial misconduct, such as dissipating marital assets, is addressed separately in the division of property.
Generally yes, on a substantial change in circumstances — unless the parties agreed in writing that the award would be non-modifiable.
A genuine, involuntary loss of income can be a substantial change in circumstances supporting modification. It is important to file promptly, because relief generally is not retroactive to before the filing date.
Yes. Maintenance generally terminates on the recipient’s remarriage, as well as on the death of either party.
Maintenance may be terminated where the recipient cohabits with another person on a resident, continuing, conjugal basis. These cases turn heavily on the specific facts and are frequently contested.
For divorce judgments entered after 2018, maintenance is generally not deductible by the payor and not taxable to the recipient for federal purposes. Illinois calculates the guideline amount using net income figures that account for this.
Yes, and most cases resolve by agreement. Whether the agreed amount is modifiable, and for how long it runs, matters as much as the number itself.
Any court papers you have been served with or have filed, recent pay stubs and tax returns for both spouses if you have them, a list of significant assets and debts, and any existing court orders or agreements.
Whenever appropriate, we offer our family law services on a flat-fee basis so that you understand the cost of representation from the outset. Please contact our office to discuss the fee for your specific matter.
