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Maintenance in Illinois Divorces Involving High Earners

By Nottage and Ward on August 8, 2025

For high-earning professionals, divorce involves more than emotional upheaval. It also requires strategic financial planning. As a result, one of the most critical issues in these cases is maintenance, also known as spousal support.

Maintenance orders are guided by a statutory formula in Illinois, but when the earning spouse’s income exceeds a certain threshold, the court may deviate from the formula to achieve a fair outcome.

If you’re a physician, attorney, business executive, or other high-income earner, understanding how Illinois family courts calculate and apply maintenance is essential to protecting your financial future.

This guide explores how courts handle maintenance in Illinois high-income divorce cases, how deviations are determined, and strategies to help you navigate the process.

What Is Maintenance?

Maintenance is financial support paid by one spouse to the other after a divorce. It’s designed to help the lower-earning spouse maintain a lifestyle reasonably similar to what they experienced during the marriage, particularly when one spouse previously sacrificed career opportunities or earning potential.

In Illinois, the laws governing maintenance are found in the Illinois Marriage and Dissolution of Marriage Act (IMDMA). These laws include both statutory formulas and judicial discretion, especially in cases involving high-income earners.

Maintenance Basics: The Statutory Formula

As of 2025, Illinois uses a formula (for eligible incomes) to calculate maintenance when the combined gross annual income is below $600,000 and neither party has multiple family support obligations:

• Maintenance = 33.3% of the payor’s net income – 25% of the payee’s net income. The recipient may not receive more than 5% of the combined net income of both spouses.

This formula is meant to create predictability and consistency across moderate-income cases. However, it does not apply directly when the payor’s income exceeds the threshold. In these cases—common in spousal support professional divorces in Illinois—courts rely more heavily on judicial discretion.

What Happens When You Earn More Than $600,000?

When a spouse’s income exceeds the statutory cap, the court has the flexibility to set an appropriate maintenance amount. This is especially relevant in divorces involving:

• Medical professionals
• Legal partners or law firm owners
• Financial advisors
• Business owners
• C-suite executives

In such high-income divorce cases, the court will examine a broad range of factors to determine whether a deviation from the statutory formula is warranted—and, if so, what the maintenance award should be.

Key Factors in High-Income Maintenance Decisions

The court considers several statutory factors in disputes where the formula doesn’t apply or produce a fair result.

Each Party’s Income and Assets

The court will look at not just salary but bonuses, stock options, equity shares, dividends, and other income sources.

The Needs of Both Parties

This includes housing, healthcare, insurance, transportation, and reasonable expenses to maintain the marital lifestyle.

Present and Future Earning Capacity

Courts consider whether the lower-earning spouse can become self-supporting and how long that may take.

The Duration of the Marriage

Long-term maintenance orders in Chicago are more likely in marriages lasting 20 years or longer, especially if one spouse gave up career advancement or stayed home to raise children.

Spousal Contributions to Career or Earning Power

If one spouse supported the other’s education or built the household while the other built their career, that contribution is considered in the maintenance determination.

Standard of Living During the Marriage

For high-income families, the court may seek to prevent drastic financial changes that would significantly impact one party’s quality of life.

Duration of Maintenance in High-Income Divorces

Illinois law provides a sliding scale for maintenance duration based on the length of the marriage:

• Less than 5 years: 20% of the marriage duration
• 5 to 10 years: 24% to 40%
• 10 to 20 years: 40% to 80%
• 20+ years: Court may award permanent maintenance or duration equal to the marriage length

For long-term marriages, especially those involving significant income disparity, courts often deviate to award long-term or indefinite support.

How Maintenance Interacts With Property Division

While maintenance and property division are treated separately under Illinois law, they often interact in high-asset cases. A court may:

• Award more property to one spouse and reduce maintenance
• Use the value of closely held businesses, real estate, or stock portfolios to offset a maintenance award
• Consider whether assets provide income that satisfies the receiving spouse’s needs

For example, if the lower-earning spouse receives investment property that generates sufficient monthly income, the court may reduce or eliminate the need for spousal support.

A Scenario Where a Court Deviates From the Formula

Let’s say you’re a Chicago-based corporate executive earning $850,000 per year, and your spouse of 18 years has been out of the workforce for 10 years to manage the home and raise children.

While the statutory formula won’t apply directly due to your income level, the court will evaluate:

• The substantial income disparity
• The recipient’s need for re-training or education
• Lifestyle and spending patterns during the marriage
• Potential tax consequences of maintenance

Based on these factors, the court could award:

• Temporary support while the recipient gains employment
• Maintenance equal to a fixed monthly amount for 8–10 years
• A long-term or reviewable maintenance order if the recipient’s ability to support themselves remains limited

Nottage and Ward, LLP, works with financial experts to analyze tax implications, develop fair support proposals, and advocate for your long-term financial security—whether you’re the payor or recipient.

Tax Implications of Maintenance

Since 2019, spousal support is no longer tax-deductible for the payor or reportable as income by the recipient for federal tax purposes. However, Illinois still allows for certain state-level deductions, and the impact on cash flow and taxes can be significant in high-income cases.

Proper structuring of maintenance orders, especially in conjunction with property division, can result in more tax-efficient outcomes. This is one reason high-net-worth clients should work with attorneys who understand the intersection of family law, finance, and tax.

Why Professionals Choose Nottage and Ward, LLP

At Nottage and Ward, LLP, we bring over 35 years of experience handling divorce cases for professionals, business owners, and high-income individuals in Chicago.

We represent both payors and recipients in spousal support matters with the goal of achieving a fair, sustainable outcome. Our team provides:

• Strategic negotiation in high-net-worth cases
• Expert coordination with financial and tax professionals
• Sophisticated analysis of complex compensation packages
• Personalized guidance from start to finish

Speak With Our Experienced High-Assets Chicago Divorce Lawyers Today

At Nottage and Ward, LLP, our Chicago divorce attorneys understand that your livelihood and future lifestyle are all on the line in professional divorces. You deserve a law firm that treats those concerns with the skill and attention they require. Call (312) 332-2915 to learn more today.