Maintenance Awards in an Illinois Divorce

Maintenance in Illinois Divorce Cases

In an Illinois divorce, maintenance (formerly known as alimony) generally falls into one of three categories:

1. No maintenance at all, because the court determines that support is not appropriate.
2. Guidelines maintenance, calculated using a statutory formula.
3. Non-guidelines maintenance, set at an amount the court finds fair based on the parties’ circumstances.

The type of maintenance awarded depends on the court considering several statutory factors.

Will Maintenance Be Awarded in an Illinois Divorce?

Maintenance is not an automatic award in every divorce case. First, the judge must determine whether a maintenance award is appropriate.

Under the Illinois Marriage and Dissolution of Marriage Act (“IMDMA,” 750 ILCS 5/et al), the court may award maintenance in an amount and for a duration it finds just, without considering marital misconduct (remember, Illinois is considered a “no fault” state). To reach that decision, the court considers several statutory factors, including the following:

• Each party’s income, property, and financial obligations
• The needs of both spouses
• Present and future earning capacity
• Career sacrifices or delays made during the marriage
• The time needed for a spouse to become self-supporting
• Parenting responsibilities and their impact on employment
• The marital standard of living
• The length of the marriage
• The age, health, education, and employability of each party
• Sources of income, including retirement and disability benefits
• Tax consequences
• Contributions made by one spouse to the other’s career or education
• Any valid agreements between the parties
• Any other factor the court finds fair and equitable

Generally speaking, maintenance is found to be appropriate in most cases. Many times the real dispute is not whether maintenance will be awarded, but how much and for how long.

Courts often summarize this analysis by focusing on the reasonable needs of the spouse requesting maintenance, the marital standard of living, the duration of the marriage, the ability to become self-supporting, and the financial resources available to both parties.

Once the court determines that maintenance is appropriate, it must decide whether to apply the statutory guidelines or to deviate.

Guideline Maintenance in Illinois

If the court finds that maintenance is appropriate, it will begin with the guideline’s calculation.

Guideline maintenance is determined using a straight-forward formula:

• 33.33% of the payor’s net income, minus
• 25% of the payee’s net income

However, maintenance does have a statutory cap. The party receiving maintenance, after their maintenance award is added to their income, cannot account for more than 40% of the parties’ combined net income. In other words, Payee’s income + statutory maintenance = (or <) 40% of the combined net income.

In practice, where there is a significant gap between the parties’ respective incomes, maintenance is likely to be awarded. It can still be awarded where the parties’ respective incomes are generally closer to each other, but any maintenance award would be reduced to comply with the 40% limit.

When the Court May Deviate from the Guidelines

The IMDMA allows courts to move away from the guideline calculation under certain circumstances, including:

1. The parties’ combined gross annual income exceeds $500,000.
2. The payor’s maintenance and child support obligations combine to exceed more than 50% of his or her net income
3. The court finds guideline maintenance inappropriate after reviewing statutory factors.

If the parties’ combined gross income exceeds $500,000, the guidelines are automatically deemed inapplicable. Similarly, if applying the guidelines would result in more than half of the payor’s net income being consumed by maintenance and child support, the court may abandon the formula.

The court can also deviate from the guidelines based on its findings after considering all relevant statutory factors. In this scenario, the court must make its findings in writing.

Non-Guidelines Maintenance Awards (Deviations from the statute)

A non-guidelines maintenance award is one that does not follow the statutory formula. Courts may issue such awards when strict application of the guidelines would be unfair or inappropriate.

In deviating from the statutory guidelines, the court must:

• Take into consideration all statutory maintenance factors
• Identify what the guidelines amount would have been
• Explain, in writing, why a different amount or duration is justified

While courts are granted discretion in making their findings, the court needs to make a written record of its findings in order to maintain any and all issues for an appeal, should one be sought. A maintenance award that lacks specific findings may be vulnerable on appeal.

Modifications to Maintenance Awards

Maintenance in Illinois is usually modifiable unless the parties agree otherwise. Some marital settlement agreements will set terms, or other limits, making all, or a portion, of a maintenance award non-modifiable.

To modify or terminate maintenance, the requesting party must show a substantial change in circumstances. This generally is shown through a change in employment, income change, retirement or changes to the recipient spouse’s financial situation.

When maintenance is modified, the court must make specific factual findings, again in writing, explaining the reason for the change and the new amount, duration, or terms.

Although judges often reference the guidelines during modification proceedings, the statute does not mandate their use at that stage.

Final Thoughts

Maintenance in Illinois is based on the statutory factors, but the court does have discretion to find deviating from said statutory, where applicable. Understanding how maintenance is evaluated, calculated, and modified can make a substantial difference in planning for life during and after divorce.

‍

‍

‍