We are moving offices!
Please note that as of October 14th, our new address will be:
11608 Dean Street, Suite 103, Huntley, IL 60142

Maintenance Alimony

Helping Clients Reclaim Their Lives

Huntley Maintenance and Alimony Lawyers

How Alimony is Determined in the State of Illinois

Maintenance, formerly known as alimony, is the payment of ongoing support from one party to another. The Court must first determine whether one party has a need for maintenance and the other party has the ability to pay. Currently, in households having total income of less than $500,000 the Court will apply a statutory formula to determine maintenance otherwise known as guideline maintenance. 

If the household income is in excess of $500,000, the guidelines do not apply and the amount and duration of maintenance are at the discretion of the court. Guideline maintenance is determined as follows: 33 1/3% of the payor’s net annual income minus 25% of the payee’s net annual income. 

The Formula Used to Calculate Alimony

The amount calculated as maintenance, however, when added to the net income of the payee, shall not result in the payee receiving an amount that is in excess of 40% of the combined net income of the parties. The guideline duration of maintenance is determined by the following formula is calculated by multiplying the length of the marriage at the time the action was commenced by whichever of the following factors applies:

  • less than 5 years (.20);
  • 5 years or more but less than 6 years (.24);
  • 6 years or more but less than 7 years (.28);
  • 7 years or more but less than 8 years (.32);
  • 8 years or more but less than 9 years (.36);
  • 9 years or more but less than 10 years (.40);
  • 10 years or more but less than 11 years (.44);
  • 11 years or more but less than 12 years (.48);
  • 12 years or more but less than 13 years (.52);
  • 13 years or more but less than 14 years (.56);
  • 14 years or more but less than 15 years (.60);
  • 15 years or more but less than 16 years (.64);
  • 16 years or more but less than 17 years (.68);
  • 17 years or more but less than 18 years (.72);
  • 18 years or more but less than 19 years (.76);
  • 19 years or more but less than 20 years (.80).
  • 20 or more years, the court, in its discretion, shall order maintenance for a period equal to the length of the marriage or for an indefinite term.

Exceptions to the Alimony Formula

There are numerous reasons for the court to deviate from both the amount and duration and such deviations may result in either more or less maintenance paid in amount and duration. Maintenance awards after January 1, 2019 are not tax deductible by the payor not included in the taxable income of the payee.

 However, awards made prior to January 1, 2019 and modifications of such awards are deductible by the payor and includible in the income of the payee for income tax purposes. Thus, the guideline formula differs. The guideline formula for such modifications is as follows: 30% of the payor’s gross annual income minus 20% of the payee’s gross annual income. 

The amount calculated as maintenance, however, when added to the gross income of the payee, may not result in the payee having a total income that is in excess of 40% of the combined gross income of the parties. Maintenance is generally always modifiable upon a substantial change in circumstances. Therefore, if there is a significant change in income or need, one should consider seeking a modification.

Get Help With Your Case Today

Our Huntley alimony lawyers understand that the laws surrounding spousal maintenance can be complex and confusing. Our experienced legal team is here to help! We are backed by 20+ years of experience and are dedicated to providing personalized tenacious representation for all our clients. Turn to a firm that will fight for your best interest, every step of the way.

 

Call our firm at (815) 374-7783 to arrange a consultation with a member of our firm.

Why Work With Us? 

Creative Solutions, Strategic Approach
  • Over 30 Years of Legal Experience
  • Client-Centered Representation
  • Free Consultations
  • Strategic Approach

Testimonials

Former Clients Share Their 
Experiences with Our Firm

  • “Great service!”

    - Ray
  • “Lawyer That Knows How To Win”

    - Hal
  • “Steve Brody and associates is a great firm”

    - Raymond A.
  • “No matter how big or small, Mr. Brody has always given his full attention to the matters, always concentrating on my child's best interests in mind, above all.”

    - Michael S.
  • “Steve's commitment to his clients is top-notch.”

    - Kevin S.

    Let Us Help You
    Move Forward

    Call 815-374-7783 or fill out the form to get started.

    • Please enter your first name.
    • Please enter your last name.
    • Please enter your phone number.
      This isn't a valid phone number.
    • Please enter your email address.
      This isn't a valid email address.
    • Please make a selection.
    • Please enter a message.