Spousal Maintenance (Alimony)

In many divorce cases, the issue of alimony or spousal support will arise. More formally, this is known as maintenance and is a sum of money paid from one spouse to the other. Maintenance is designed to help the lower-earning spouse maintain the standard of living he or she would have enjoyed if the marriage had not ended.

Maintenance is typically sought when one spouse makes more than another, which happens in nearly all marriages. For divorce cases in Illinois, Stern Mendez is experienced in the factors required to calculate alimony, as well as in resolving the issue should it be a contested area of the divorce.

The stress of divorce can be easily compounded when money is involved, which is why our office will help guide you through the process and work toward a resolution—whether it can be achieved amicably or through litigation.

What is alimony or maintenance?

In an Illinois divorce, maintenance (also known as alimony) is the division of income between the spouses to maintain a standard of living similar to if the marriage had not dissolved. It is paid out of the gross income of the two divorcing spouses and is distinct from property division. Payments are typically paid monthly unless the parties have come to another agreement. In almost all Evanston, Chicago, and suburban cases, alimony is taxable to the recipient and tax-deductible to the payor. If you’re unsure whether maintenance may apply to your situation, review our Illinois maintenance checklist to better understand the factors courts consider when evaluating support.

Is maintenance needed?

The first step in any maintenance case is to determine whether a maintenance award is necessary. In determining whether one spouse should receive spousal support from the other, the court will consider a long list of factors, such as:

• The income and property of each party, including marital property 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 themselves 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
• Each party’s age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities and needs
• 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
• Any other factor that the court expressly finds to be just and equitable

If, after reviewing all of the above factors, the court decides to award maintenance, it may do so based on the needs of the parties or use the spousal support formula contained in 750 ILCS 5/504. Most cases apply the statutory formula.

How is maintenance or alimony calculated?

Except where the couple otherwise agrees, maintenance awards in Illinois typically follow a statutory formula. By statute, maintenance is calculated at 33 percent of the higher earning spouse’s net income minus 25 percent of the lower earning spouse’s net income. The lower earning spouse cannot receive more than 40 percent of the parties’ combined income.

What does that mean? Take a look at our Maintenance Calculator for examples and an app where you can calculate spousal support in real time.

See our Maintenance Calculator >

The bottom line is that maintenance can be complicated. But Stern Mendez in Evanston, Chicago, Lake Forest and Oak Brook is familiar with the legal statutes and committed to helping the process be as easy as possible. When it comes to the numbers, we believe you shouldn’t be left confused.

When does maintenance begin and end?

For an Evanston, Chicago, Lake Forest and Oak Brook divorce, spousal support may begin during the case; this can be temporary maintenance or only for the interim of the case. Otherwise, it may begin at the end of the case, which is called “final maintenance.”

Maintenance will no longer be paid if one of the following occurs:

• Death of either party
• Remarriage
• Conjugal cohabitation on a continual basis (e.g. living with a significant other)

Can alimony be modified in Illinois?

Most Illinois maintenance or spousal support awards can be modified upon a substantial change in circumstance, such as:

• If the paying-spouse’s income goes down
• If either the paying-spouse or recipient-spouse experiences a dramatic increase in their cost of living—such as unexpected medical bills
• If the recipient-spouse is unable to become self-supporting or experiences other financial strains beyond control—in which case, the maintenance term may be extended

Should you need to modify your maintenance agreement, you are not required to use the same family law attorney who handled your initial divorce. Contact Stern Mendez to discuss modifying alimony in Chicago, the North Shore, DuPage County and surrounding suburbs.

Contact Our Divorce Law Firm in Evanston, Chicago, Lake Forest and Oak Brook

If you need assistance calculating alimony, modifying your maintenance payment or have any questions, Stern Mendez is here to help. Request a free consultation online or call us at (847) 868-9584. We can meet with you in our offices in Evanston, Chicago, Lake Forest, Oak Brook, or at another location.