The Law Offices of Brian A. Grady, P.C.
Attorney At Law
Itasca Bank & Trust Building
9 East Irving Park Road
Roselle, IL. 60172
Phone:(630) 351 - 4466
Fax: (630) 894 - 2528
MAINTENANCE / ALIMONY
750 ILCS 5/504
Spousal support (maintenance) is different than child support. Child Support is usually a percentage of one party's income. Spousal support occurs when one spouse has to continue to maintain the other spouse by providing financial support to the other spouse, which is termed maintenance (formerly known as alimony).
Starting January 1, 2015 the Illinois Marriage and Dissolution of Marriage Act (IMDMA) amended the maintenance statute to establish guidelines for the amount and duration of maintenance, which was not in the IMDMA prior to January 1, 2015. The new maintenance statute, 750 ILCS 5/504, provides the same factors that the previous maintenance statute established for the court to look at to determine whether a party is entitled to maintenance. These factors include:
(1) the income and property of each partying, including marital property apportioned and non-marital property assigned to the party seeking maintenance; the needs of each party;
(2) the present and future earning capacity of each party;
(3) any impairment of the present and future earning capacity of the party seeking maintenance;
(4) the time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment;
(5) the standard of living established during the marriage;
(6) the duration of the marriage;
(7) the age and the physical and emotional condition of both parties;
(8) the tax consequences of the property division upon the respective economic circumstances of the parties;
(9) contribution and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse;
(10) any valid agreement of the parties; and any other factor that the court expressly finds to be just and equitable. 750 ILCS 5/504(a).
If the court finds that these factors permit a maintenance award, then the court applies the new guidelines. The new maintenance statute is similar to the child support statute in which a maintenance award is determined by guidelines rather than an amount negotiated between the parties. However, the court has discretion to not follow the guidelines explained below.
The new maintenance statute provides that a maintenance award is calculated by taking 30% of the payor’s gross income minus 20% of the payee’s gross income for families that have a combined gross income of less than $250,000. There is a caveat, however. When this maintenance award is added to the payee’s gross income, it may not exceed 40% of the parties’ combined gross income.
The length of the marriage determines the duration of this maintenance award.
For marriages 0-5 years, 0.20 is multiplied by the number of years the parties were married.
Marriages between 5-10 years require multiplying 0.40 by the length of the marriage.
For marriages 10-15 years, multiply 0.60 to the number of years the parties were married.
Marriages lasting 15-20 years require multiplying 0.80 to the length of the marriage.
Finally, for marriages over 20 years, the court has discretion to order permanent maintenance or maintenance for a period equal to the length of the marriage. 750 ILCS 5/504 (b-1).