What To Know About Alimony/Spousal Maintenance

Our attorneys at The Stogsdill Law Firm, P.C., have extensive experience working with clients on alimony matters. We represent husbands and wives in Wheaton, DuPage County, DeKalb County, Kane County, Kendall County and Will County.

Alimony, also known as maintenance in Illinois, is a support payment paid from one spouse to the other after a divorce. The intent of alimony is to prevent one spouse from encountering financial difficulty because of the divorce. Consequently, the lesser earning spouse receives a monthly payment from the greater earning spouse.

How Spousal Maintenance Is Calculated

In Illinois, determinations related to spousal maintenance entitlement are made based on a number of factors, including:

  • Income of each spouse
  • Financial needs of each spouse
  • Each spouse's current and future earning potential
  • If a spouse's earning potential was diminished because he or she took time off to care for the family
  • How long it would take to increase earning potential through education or training
  • Contributions one spouse made to the other spouse's career
  • The standard of living during the marriage
  • The length of the marriage
  • Allocated parenting responsibilities regarding the children
  • The age and health of each spouse
  • Any valid pre- or postnuptial agreement
  • Possible tax consequences

Calculations for the amount of alimony are made based on a statutory formula when the gross combined income of both spouses is less than $250,000. The formula is as follows: 30 percent of the payer's gross income minus 20 percent of the payee's gross income. The result cannot be more than 40 percent of the payer and payee's combined gross income when added to the payee's gross income. If it is, the alimony will be reduced to make it 40 percent.

The duration of the alimony is derived by multiplying the length of the marriage by a factor according to the following table:

Years Of MarriageMultiplication Factor
0-5 Years0.20
5-10 Years0.40
10-15 Years0.60
15-20 Years0.80
>20 YearsPermanent alimony or alimony equal to length of marriage

If the financial circumstances of either spouse change significantly, a modification can be requested in court. Alimony is also terminated if the supported spouse remarries or lives with an intimate partner.

Protect Your Rights. Contact Us.

We are skilled advocates for our clients in court and during negotiations. If a resolution cannot be accomplished outside the courtroom, we will provide aggressive representation to protect your rights. Learn more about your case and how our lawyers can assist you. Schedule a consultation by calling 630-462-9500 or contacting us online.