Alimony/Maintenance

How Illinois Determines Spousal Support

There are several factors involved in making an alimony/maintenance determination. This determination may be reached through private agreement in an alternative dispute resolution setting or by court order as a result of divorce litigation. The law provides guidelines for calculating maintenance amounts and determining the constraints of duration. If this matter is handled through litigation, those guidelines must be used or the court must explain a non-guideline decision.

Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), when the combined gross income of both parties is less than $250,000 and a multiple-family situation does not exist, the guideline amount is calculated by taking 30% of the payors gross income, minus 20% of the payees gross income. When added to the payee’s gross income, the award shall not exceed 40% of the combined gross income of the parties. The duration of the award is based on the length of the marriage:

• From 0 to 5 years, multiply the number of years by .20
• From 5 to 10 years, multiply the number of years by .40
• From 10 to 15 years, multiply the number of years by .60
• From 15 to 20 years, multiply the number of years by .80

For marriages of more than 20 years, the guidelines state that courts may award permanent maintenance or award a period equal to the length of the marriage. For marriages with less than 10 years, courts may award a fixed-term agreement that bars further support at the end of the defined period.

We Stand Ready To Help You

Our attorneys, paralegals, and administrative staff will work together to handle each aspect of your alimony/maintenance matter. We work collectively to put our clients at ease and help them stay informed at every stage of the process. We regularly handle routine, high-asset, and complex divorces and are therefore well-equipped to untangle the interwoven issues that often exist regarding children, property, and closely-held businesses.

The Illinois Marriage and Dissolution of Marriage Act lists several factors to consider when determining the amount and duration of the award including, but not limited to:

• The income and property of each party;
• The present and future earning capacity of each party;
• The time needed for a party seeking alimony to be able to support himself or herself; and
• The tax consequences of alimony/maintenance awards.

We work with clients to determine equitable support and pursue options through litigation or other alternative dispute resolution channels.