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Spousal maintenance (also called alimony) is financial support one spouse may be ordered to pay the other during or after a divorce. Maintenance is not a matter of right in every case. Courts in Illinois first look at whether support is appropriate based on considerations such as the income of each spouse, the financial needs and earning capacity of each spouse, the length of the marriage, the standard of living established during the marriage and the contributions each spouse made to the family or the other spouse's career. Marital misconduct does not affect the determination of maintenance.
Illinois law provides guidelines when maintenance is appropriate that may be used in proper cases. Normally, the guideline calculation applies if the spouses’ total gross annual income is under $500,000 and the paying spouse has no previous support obligations of certain types. The formula considers the net incomes of both spouses and the duration of the maintenance award is partly related to the duration of the marriage. For marriages of 20 years or more , the court may order maintenance for a period equal to the length of the marriage, or for an indefinite term. The courts can also depart from the guidelines in situations where the facts call for a different result.
Maintenance disputes are often more than just plugging numbers into a formula. Income can be hard to verify if a spouse is self-employed, earns bonuses or commissions, owns a business, or experiences changing employment. At O’Flaherty Law, we work with our clients in Waukegan and all of Lake County to analyze the financial details that can impact maintenance. If you need help with a support request, need to fight an unreasonable request, or want to change an existing order, our lawyers can help you understand the law, assess your options, and work toward a practical solution.
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The purpose of a consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us.
33 N. County St., Ste. 505
Waukegan, IL 60085
I am personally committed to ensuring that each one of our clients receives the highest level of client service from our team. Our mission is to provide excellent legal work in a cost-effective manner while maintaining open lines of communication between our clients and their attorneys. Many of our clients are going through difficult times in their lives when they reach out to us. They should feel comfortable leaning on the experience and knowledge of our attorneys as their counselors and advocates. We are here to help!

In many cases, yes. An Illinois maintenance order may be modified or terminated when there has been a substantial change in circumstances, unless the parties previously agreed that the maintenance terms would be non-modifiable. Changes in employment, income, financial circumstances, or the recipient's efforts to become self-supporting may be relevant. Because the language of the original divorce judgment matters, it is important to review the order before seeking a modification.
Unless the parties have agreed otherwise in a written agreement or the court has approved different terms, future maintenance generally ends when the spouse receiving maintenance remarries. Illinois law can also terminate maintenance when the recipient cohabits with another person on a resident, continuing conjugal basis. Whether a relationship qualifies as cohabitation can depend on the specific facts involved.
Yes. Spouses may reach an agreement addressing maintenance as part of their divorce settlement, including circumstances in which maintenance is waived or otherwise limited. A maintenance waiver can have significant long-term financial consequences, particularly when there is a large difference in income or earning potential. Before agreeing to waive maintenance, it is important to understand how the decision could affect your finances after the divorce.