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Tag Archives: spousal maintenance

Illinois family law attorneys, Illinois maintenance guidelines, family law attorney, alimony, maintenance, divorce finances, maintenance calculation, spousal maintenanceIn divorce cases, due to the discretion afforded a trial court, the calculation of maintenance can vary significantly from judge to judge and county to county. However, this should change as of January 1, 2015. The Illinois legislature has enacted a new law that impacts how courts will determine maintenance in divorce cases, and it will have a significant impact on future maintenance determinations in Illinois.

In many divorce cases, maintenance calculations have been difficult to ascertain. Judges have often had great discretion in awarding maintenance. However, a new Public Act impacts how courts will award maintenance to couples with a combined income of less than $250,000.

How Judges Previously Calculated Maintenance

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illinois alimony modificaionIn a divorce proceeding, a court can sometimes award one spouse maintenance. This is a monetary award usually paid monthly by one divorcing spouse, which is supposed to help support the other divorcing spouse. Spousal support can be awarded to either spouse, and is based on the facts of a case and a judge's consideration of certain factors provided by the law. Divorcing parties can also come together and agree to the amount of support to be paid based on negotiations, or on a prior document such as a prenuptial agreement. Spousal maintenance is not awarded based on which spouse was at fault for the demise of the marriage.

Modification May Be Necessary

Sometimes, the spouse ordered to pay support may find that for one reason or another, they are not able to keep up with the maintenance payments. According to Illinois law, 750 ILCS 5/502(f), whether or not a spousal maintenance order is modifiable depends on whether or not the order was stated to be non-modifiable. For example, if the award was as a result of an agreement between the spouses, they could have agreed to have spousal maintenance in place for a specific period of time, and made the award non-modifiable.

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From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree