Illinois has adopted a maintenance formula in an effort to eliminate disparate awards and balance out inequities in the incomes of the parties during and after a divorce. The law states that the court “may grant a maintenance award for either spouse . . . in amounts and for periods of time as the court deems just without regard to marital misconduct, and the maintenance may be paid from the income of property of the other spouse.” 750 ILCS 5/504(a)
If the court finds that an award of maintenance is appropriate, then typically apply statutory guidelines if the combined gross income of the parties is less than $500,000.00. The Illinois Marriage and Dissolution of Marriage Act (“IMDMA”) provides the following formula for determining maintenance when courts apply statutory guidelines:
Maintenance = 33.33% of the Payor’s (spouse paying maintenance) net income minus 25% of the Payee’s (spouse receiving maintenance) net income. However, the maintenance amount cannot be greater than 40% of the parties’ combined net incomes.
The duration of spousal maintenance will usually be a percentage of the duration of the marriage. The longer the marriage, the greater percentage of the marriage will be used to determine the duration. The length of the marriage for maintenance duration purposes is from the date of the marriage until the date a Petition for Dissolution of Marriage is filled.
Below is the statutory table which sets forth these percentages based on the length of the marriage.
The experienced attorneys at Suburban Law Group, LLC can help you determine the correct amount of maintenance you are obligated to pay or entitled to receive, so contact us today for a free consultation.
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