Illinois Law and Maintenance

Under the state of Illinois law, “maintenance”(formally known as alimony) refers to spousal support.

The current law takes into account the duration of the marriage, the standard of living during the marriage, the age and health of each of the parties, and several other factors affecting the financial position of each of the parties.

As of January 2015, the Illinois Marriage and Dissolution of Marriage Act was modified to now set forth a formula for calculation maintenance. The court, after determining if certain factors suggest that the case is one which should be considered a “maintenance” case will then apply the formula.  The formula requires that the court apply certain percentages to the gross earnings of each party, determine the difference of those amounts, determine the difference of those amounts, confirm that the resulting amount is not more than the cap set by statute. Then the number of years that maintenance should be paid is set by applying a multiplier to the length of the marriage.

To standardize the maintenance agreements, there are several significant changes in the process of determining maintenance support for couples with a gross combined income of less than $250,000. The manner in which the Courts are interpreting the new statute and applying it in not only new divorce cases but cases seeking extensions or modifications of maintenance is yet to be seen. It is important to have an attorney who is able to stay abreast of all of this changing and developing maintenance issues.

The legal system in Illinois requires constant vigilance to adhere to the changes in the law.   Our expertise in the legal field is your best insurance to get a fair and equitable decision made for your family and your continued financial security.

Contact us today at The Law Office of Denise Kuzniewski, for a no obligation consultation on how we can make sure your financial security is safe after your divorce is filed.