Huntley Maintenance and Alimony Lawyers

Helping in Alimony Matters in McHenry, Kane, & Lake Counties

Maintenance, formerly known as alimony, is the payment of ongoing support from one party to another. The Court must first determine whether one party has a need for maintenance and the other party has the ability to pay. 

Currently, in households having a total income of less than $500,000 the Court will apply a statutory formula to determine maintenance otherwise known as guideline maintenance. If the household income is in excess of $500,000, the guidelines do not apply and the amount and duration of maintenance are at the discretion of the court.

Brody Brandner, Ltd. is here to guide you through the process, from determining the appropriate amount and duration of maintenance to ensuring that the terms of any agreement are fair and in accordance with Illinois law.

Schedule a consultation with a trusted Huntley maintenance and alimony lawyer. Call us at (815) 374-7783 or fill out our online form to start your journey toward resolution today.

Types of Maintenance in Illinois

There are several different types of maintenance that a court in Illinois may award based on the circumstances of the case:

• Temporary Maintenance: Temporary maintenance refers to spousal support that is ordered to be paid during the divorce proceedings, often before the final judgment is issued. This is intended to provide immediate financial support to the spouse who is seeking maintenance until the final divorce settlement is reached.
• Permanent Maintenance: Permanent maintenance, though rare, is awarded in cases where the recipient spouse may not be able to support themselves adequately due to factors such as age, health, or a lack of employment history. This type of maintenance continues indefinitely, or until certain conditions change (for example, if the recipient remarries or becomes financially independent).
• Rehabilitative Maintenance: Rehabilitative maintenance is a more common type of alimony. This type of support is typically awarded for a fixed period, and the goal is to help the recipient spouse become self-supporting. The court may award rehabilitative maintenance if one spouse needs financial assistance to obtain education, training, or work experience to support themselves in the future.

How Maintenance is Calculated in Illinois?

Guideline maintenance is determined as follows: 33% or 1/3 of the payor’s net annual income minus 25% of the payee’s net annual income.

The amount calculated as maintenance, however, when added to the net income of the payee, shall not result in the payee receiving an amount that is in excess of 40% of the combined net income of the parties.

This formula results in an award that is designed to allow the recipient spouse to maintain a standard of living similar to what they had during the marriage. However, if the parties’ combined income exceeds the threshold, the court will consider other factors, and the formula may not apply. In such cases, the court has more discretion to determine the appropriate amount of maintenance.

What Factors are Considered in Maintenance and Alimony Decisions?

Illinois courts are tasked with considering several factors when determining whether maintenance should be awarded, how much should be awarded, and for how long. It is important for both parties to understand the factors that influence these decisions, as they can impact the outcome of your case.

The court will look at the following factors when determining maintenance:

• The Length of the Marriage
• The Standard of Living During the Marriage
• The Financial and Non-Financial Contributions of Each Spouse
• The Financial and Physical Health of the Parties
• The Recipient Spouse’s Ability to Support Themselves 
• The Needs of Each Party
• The Time and Expense Involved in the Recipient Spouse Becoming Self-Supporting 
• Any Agreement Between the Parties

How Long Does Alimony Lasts in Illinois?

The guideline duration of maintenance is determined by the formula is calculated by multiplying the length of the marriage at the time the action was commenced by whichever of the following factors applies:

• less than 5 years (.20);
• 5 years or more but less than 6 years (.24);
• 6 years or more but less than 7 years (.28);
• 7 years or more but less than 8 years (.32);
• 8 years or more but less than 9 years (.36);
• 9 years or more but less than 10 years (.40);
• 10 years or more but less than 11 years (.44);
• 11 years or more but less than 12 years (.48);
• 12 years or more but less than 13 years (.52);
• 13 years or more but less than 14 years (.56);
• 14 years or more but less than 15 years (.60);
• 15 years or more but less than 16 years (.64);
• 16 years or more but less than 17 years (.68);
• 17 years or more but less than 18 years (.72);
• 18 years or more but less than 19 years (.76);
• 19 years or more but less than 20 years (.80).
• 20 or more years, the court, in its discretion, shall order maintenance for a period equal to the length of the marriage or for an indefinite term.

Exceptions to the Alimony Formula

There are numerous reasons for the court to deviate from both the amount and duration and such deviations may result in either more or less maintenance paid in amount and duration. Maintenance awards after January 1, 2019 are not tax deductible by the payor not included in the taxable income of the payee.

 However, awards made prior to January 1, 2019 and modifications of such awards are deductible by the payor and includible in the income of the payee for income tax purposes. Thus, the guideline formula differs. The guideline formula for such modifications is as follows: 30% of the payor’s gross annual income minus 20% of the payee’s gross annual income. 

The amount calculated as maintenance, however, when added to the gross income of the payee, may not result in the payee having a total income that is in excess of 40% of the combined gross income of the parties. Maintenance is generally always modifiable upon a substantial change in circumstances. Therefore, if there is a significant change in income or need, one should consider seeking a modification.

Is it Possible to Modify or Terminate of Maintenance?

After a maintenance order is issued, the court can modify or terminate the order if certain conditions change. Common reasons for modifying or terminating maintenance include:

• A change in the paying spouse’s income or financial situation
• The recipient spouse remarries or cohabitates with a new partner
• The recipient spouse becomes self-supporting
• The recipient spouse’s financial or physical health changes

If you are seeking to modify or terminate a maintenance order, or if you want to ensure that maintenance is awarded or calculated fairly, it’s crucial to work with an experienced Huntley alimony attorney who can guide you through the legal process.

How to Enforce Maintenance Orders?

Once maintenance is ordered, both spouses are legally obligated to comply with the court’s decision. If the paying spouse fails to make the required payments, the recipient spouse can take legal action to enforce the order. This can include wage garnishment, property liens, or other enforcement measures. A Huntley maintenance and alimony lawyer can help you navigate this process if maintenance payments are not being made as ordered by the court.

Contact Our Huntley Maintenance & Alimony Lawyers Today

Our Huntley alimony lawyers understand that the laws surrounding spousal maintenance can be complex and confusing. Our experienced legal team is here to help! We are backed by 25 years of experience and are dedicated to providing personalized tenacious representation for all our clients. Turn to a firm that will fight for your best interest, every step of the way.

Call our firm at (815) 374-7783 to schedule your alimony consultation with a member of our firm.