Press release
Chicago Spousal Support Attorney Molly Caesar Explains How Illinois Courts Calculate and Award Maintenance
According to Chicago spousal support attorney Molly Caesar, Illinois law under 750 ILCS 5/504 establishes a guideline formula for calculating maintenance when the combined gross annual income of both spouses falls below $500,000. The formula takes 33.33% of the payor's net income and subtracts 25% of the recipient's net income to determine the annual maintenance amount. "Maintenance is not automatic in every divorce," explains Caesar. "Courts must first evaluate whether one spouse has a genuine financial need and whether the other has the ability to pay before any calculation takes place."
Chicago spousal support attorney Molly Caesar notes that courts examine a range of statutory factors when determining whether maintenance is appropriate. These factors include each spouse's income and property after the division of marital assets, earning capacity, contributions to the other spouse's career or education, the duration of the marriage, and the standard of living established during the marriage. Age and health conditions that may limit a spouse's ability to re-enter the workforce also play a significant role in the court's analysis.
Attorney Caesar emphasizes that the guideline formula serves as a starting point, but Illinois courts retain discretion to deviate from it when circumstances warrant a different amount. Cases involving combined gross income exceeding $500,000 per year fall outside the statutory guidelines entirely, requiring the court to determine an appropriate amount based on the full range of statutory factors. "High-asset divorces often involve business ownership, complex income sources, and substantial property holdings that require careful financial analysis beyond the standard formula," Caesar adds.
The duration of maintenance payments in Illinois is tied directly to the length of the marriage through statutory multipliers. For marriages lasting fewer than five years, the duration is set at 20% of the marriage length. The multiplier increases incrementally for longer marriages, reaching 80% for a 19-year marriage. For marriages lasting 20 years or more, the court may order maintenance for a period equal to the length of the marriage or for an indefinite term, depending on the recipient's age, health, and ability to become self-supporting.
Illinois recognizes four distinct types of maintenance, each serving a different purpose. Temporary maintenance provides financial support while divorce proceedings are pending. Reviewable maintenance includes a future court date to reassess whether support should continue. Fixed-term maintenance runs for a specified duration and generally cannot be modified. Indefinite maintenance carries no set end date and is typically reserved for long-term marriages or cases involving permanent disability. "Understanding which type of maintenance applies to a given situation is critical for long-term financial planning," notes Attorney Bender.
The firm also advises that spousal maintenance can be modified after a divorce is finalized, provided there has been a substantial change in circumstances. Qualifying changes may include involuntary job loss, a serious medical condition, retirement at an appropriate age, a significant increase in the recipient's income, or cohabitation by the recipient in a marriage-like relationship. Modification requires filing a petition with the Cook County Circuit Court, where the burden of proof rests on the party seeking the change.
Caesar & Bender LLP further notes that the tax treatment of maintenance shifted significantly for divorces finalized after December 31, 2018, under the Tax Cuts and Jobs Act of 2017. Maintenance payments are no longer tax-deductible for the payor and are not considered taxable income for the recipient, a change that affects settlement negotiations and the overall financial impact of support obligations.
For individuals facing spousal maintenance issues in Chicago or Cook County, consulting with an experienced family law attorney may help clarify legal options and protect long-term financial stability.
About Caesar & Bender LLP:
Caesar & Bender LLP is a Chicago-based family law firm focused on complex divorce, spousal maintenance, custody, and high-net-worth marital disputes. Led by attorneys Molly Caesar and Michael Bender, who bring nearly 50 years of combined experience, the firm represents clients throughout Cook County, DuPage County, Lake County, and Will County. For consultations, call (312) 236-1500.
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