Alimony / Maintenance
Maintenance, also known as alimony and as spousal support, is the financial support paid from one spouse to the other following a divorce. The purpose of maintenance is to enable a spouse who is not capable of supporting him- or herself to continue to have the lifestyle to which he or she became accustomed during the marriage. The Illinois maintenance statute requires the court to consider a number of different factors to determine if an award of maintenance is appropriate. If the court deems that maintenance is warranted, the next step is calculating the amount and duration of maintenance.In January 2016, the Illinois legislature enacted a statute which provides a formula for calculating the amount and duration of maintenance. In cases where the parties’ combined gross income is less than $500,000, the Illinois maintenance statute provides a formula to determine the amount and duration of maintenance. However, under certain circumstances, a judge may deviate from the statutory formula. In cases with a combined gross income of $500,000 or more, the court has broad discretion in determining the amount and duration of maintenance. Following an award of maintenance, a number of different factors can impact the amount and duration of maintenance, including loss of employment, changes in either party’s income, remarriage, cohabitation and death.
Our spousal support attorneys are extremely well-versed in maintenance-related issues. We will thoroughly analyze the lifestyle, income, cash flow and tax consequences of our clients to achieve an optimal result that protects their financial future.
Based on changes to federal law that became effective January 1, 2019, new maintenance orders are no longer deductible by the payor or taxable to the payee. This does not apply to modification situations of maintenance awarded before 2019.
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