Maintenance (Alimony)

Maintenance, formerly known as alimony, is financial support paid from one spouse to the other incident to a divorce or legal separation. Effective in 2015, Illinois adopted a new statute which sets forth a formula for determining maintenance. This formula is applicable to individuals who fall within a certain income bracket, but is discretionary for individuals who fall outside of said income bracket. However, it first must be determined that someone is a maintenance candidate before the formula is utilized. Factors used to determine maintenance may include, but are not limited to, the following: the length of the marriage, the age of the parties, the physical and mental condition of each of the parties, the standard of living established during the marriage, the needs of each party, the present and future earning capacity of each party, the income of each party, the property of each party, any impairment to the present and/or future earning capacity of each party, contributions and services to the education, training or career of the other, and any other factor that the court deems relevant. Marital misconduct, however, is not a relevant factor for the court to consider in awarding maintenance. KSPM attorneys can counsel clients on this evolving area of law in Illinois.