Chicago Maintenance Lawyers

Maintenance and Divorce in Chicago

Illinois law permits courts to order maintenance, also known as spousal support or alimony, under appropriate circumstances after a divorce. Maintenance consists of money paid from one spouse to the other, usually for basic needs like housing, food, and education. The payments come "from the income or property" of the paying spouse. Maintenance may be temporary, reviewable, or permanent. It may be paid in a lump sum or in regular payments.

Since a judge may set maintenance at any amount or no amount, it is in both spouses’ best interests to agree on a maintenance amount and schedule privately if at all possible.

The Cook County maintenance attorneys at Nottage and Ward, LLP, have solid negotiation experience to represent your needs and provide a strong and objective position from which to arrive at a fair maintenance amount.

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Types of Maintenance in Illinois

Illinois law recognizes several types of maintenance, each tailored to different financial circumstances.

Permanent Maintenance

• Typically awarded in long-term marriages (usually 20+ years)
• Continues indefinitely unless modified or terminated by court order
• Often granted when one spouse is unable to become financially independent due to age, health, or other limitations

Rehabilitative Maintenance

• Short-term support to help the receiving spouse gain financial independence
• Designed for spouses who need time to complete education, job training, or enter the workforce
• Usually set for a fixed period and reviewed periodically

Reviewable Maintenance

• Maintenance payments are subject to periodic court review
• Allows adjustments based on changes in financial circumstances
• Common in cases where future earning capacity is uncertain

Lump Sum vs. Regular Payments

• Lump sum maintenance is a one-time payment instead of ongoing support
• Regular payments are monthly or periodic payments based on a court order or agreement

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Legal Basis for Maintenance in Illinois

• Illinois courts determine maintenance based on 750 ILCS 5/504 of the Illinois Marriage and Dissolution of Marriage Act. The court considers factors like income, property, standard of living, and financial needs before making a decision.
• Unlike child support, maintenance is not automatically granted—the requesting spouse must demonstrate financial need and justify the amount requested. Courts aim to ensure fairness, but outcomes vary depending on the specifics of each case.

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What Affects Maintenance Payments?

When deciding to grant maintenance, Illinois courts do not consider whether one spouse or the other has "misbehaved." For example, a court will not grant maintenance to one spouse because the other committed adultery. Illinois law requires courts to consider several other factors, however. These factors include:

• The income and property owned by each spouse;
• The financial needs of each spouse;
• How much each spouse will likely be able to earn in coming years;
• Whether one spouse needs to find education or employment to increase his or her earnings, and how long the education or job search will take;
• The couple’s standard of living;
• The age and health of each spouse;
• The tax consequences of maintenance;
• Whether one spouse contributed to the other’s ability to finish an education, enter or advance in a career field, or obtain specialized training, licenses, or degrees;
• A valid agreement between the spouses regarding maintenance, such as a prenuptial agreement;
• "Any other factor that the court expressly finds".

Tax & Legal Considerations

Maintenance payments can have tax implications. While federal tax laws no longer allow deductions for maintenance (post-2019 divorces), Illinois courts may still factor taxes into calculations.

Additionally, prenuptial or postnuptial agreements can significantly impact maintenance awards.

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How to Negotiate Fair Maintenance Payments

Private Agreements vs. Court Orders

Spouses can negotiate maintenance terms privately, either independently or through mediation. A private agreement allows more flexibility and control over financial arrangements. However, if no agreement is reached, the court will decide based on Illinois law.

How a Lawyer Can Help in Maintenance Negotiations

At Nottage and Ward, LLP, our attorneys have a strong track record of securing fair and reasonable maintenance agreements for our clients. Some things a skilled attorney can do for you include:

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Modifying or Terminating Maintenance Payments

When Can Maintenance Be Modified?

Maintenance payments are not always permanent and may be subject to modification under certain circumstances. A court may consider adjusting the payment amount if the paying spouse experiences a significant loss of income or job loss, making it difficult to meet the original financial obligation.

Additionally, if the receiving spouse remarries or sees a substantial increase in their earnings, the court may determine that continued maintenance is no longer necessary.

In general, any substantial change in financial circumstances—whether for the paying or receiving spouse—can be grounds for modifying an existing maintenance order.

When Does Maintenance End?

Maintenance payments automatically terminate under specific circumstances outlined by Illinois law. If the receiving spouse remarries, the obligation for the paying spouse to continue making payments ceases immediately.

Additionally, maintenance ends upon the death of either spouse, as financial support is no longer necessary.

In some cases, courts may also consider the paying spouse's retirement as a valid reason for terminating maintenance, particularly if their income significantly decreases.

However, the decision to end payments due to retirement depends on various factors, including the financial stability of both parties and the terms of the original maintenance order.

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How You Can Help Your Divorce Lawyer

Divorce is a business operation that cannot be successful unless specific attention is paid to your financial future. Maintenance payments may play a key role in determining your financial stability during and after divorce. When you first consult a divorce lawyer, come prepared to your meeting with copies of your important financial documents. Include copies of tax returns, insurance policies, bank statements, investments, and information about you and/or your spouse’s salary, benefits, and retirement programs. These numbers will help your divorce attorney determine whether maintenance is appropriate and estimate a fair amount.

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Chicago Maintenance Attorneys Providing Aggressive Legal Representation

At Nottage and Ward, LLP, our Chicago family law attorneys are not known to back down when faced with a challenge. We have over thirty years of experience with complex maintenance and support issues and know how to stand up for our clients.

Schedule an initial consultation today at (312) 332-2915 to see if our representation is right for you. We will help you understand where maintenance is appropriate, estimate a fair maintenance amount, and negotiate or litigate on your behalf.

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Additional Information

• Divorced More Than Once? Here’s How to Handle Maintenance in Illinois
• Are Your Maintenance Payments Taxable Income in Illinois?
• COVID-19 And Spousal Maintenance: When You Can No Longer Pay
• Spousal Maintenance In Illinois