When Complex Divorce And Family Law Matters Must Be Handled Right, People Turn To Us

When Complex Divorce And Family Law Matters Simply Must Be Handled Right, People Turn To Us

Experienced Chicago Spousal Maintenance Lawyers

Last updated on August 3, 2026

Maintenance, formerly known as alimony, is a court order that requires one party to make payments to the other either during the divorce proceedings or at its conclusion, and is intended to help the financially dependent spouse maintain a similar standard of living after the separation as they received during the course of the marriage.

Will maintenance be a part of your divorce? It may or may not. It is advisable to speak to a Chicago divorce attorney from Taege Law Offices who can assess your situation and help determine what maintenance may look like in your situation.

Why Choose Our Chicago Family Law Firm

Here at Taege Law Offices, our skilled family law attorneys are actively involved in the community, allowing us to navigate the complexities of Chicago’s legal landscape with ease and a strong connection with our professional peers. When you seek our services for your spousal maintenance needs and other family law matters, you will receive caring guidance and support that aligns with your specific needs and interests.

Our dedicated lawyers also collaborate with psychologists, private investigators, forensic accountants, business valuation specialists and other expert witnesses to provide a comprehensive overview of your case. This empowers us to champion your rights, both inside and outside the courtroom.

How A Court Decides If Maintenance Is Appropriate

A dependent party will not automatically be awarded maintenance. Instead, a court will look to numerous factors to determine whether or not a maintenance award is appropriate. Some of these factors include:

The income and assets of each party
The needs of each party
The realistic present and future earning capacity of each party
The present and future earning capacity of each party
The standard of living established during the marriage
The duration of the marriage
The age and physical health of each party

How A Maintenance Award Is Calculated

If a court determines that a maintenance award is appropriate, the general formula used in calculating the maintenance amount is 30% of the payor’s gross income minus 20% of the recipient’s gross income. However, the total maintenance amount cannot exceed 40% of both parties’ gross incomes.

For example, suppose spouse one has been ordered to pay maintenance to spouse two. Spouse one earns $200,000 per year and spouse two’s gross income is $50,000. Thirty percent of spouse one’s income is $60,000, while 20% of spouse two’s income is $10,000. The maintenance award would be $50,000. The combined gross income of both spouses is $250,000. Forty percent of the combined income is $100,000. The maintenance amount is suitable since the $50,000 maintenance award is less than $100,000.

How The Duration Of A Maintenance Award Is Determined

In Illinois, the length of a maintenance award is determined by multiplying the length of the marriage by whichever of the following factors applies:

20 for a marriage of 5 years or less
40 for more than 5 years but less than 10
60 for more than 10 years but less than 15
80 for more than 15 years but less than 20

The court has the discretion to order a permanent maintenance award if the marriage is more than 20 years.

This means that if a couple was married for eight years, then the recipient of maintenance would be entitled to receive it for 3.2 years (8 times 0.40).

Can Spousal Maintenance Be Modified In Illinois After A Divorce?

In Illinois, alimony or spousal maintenance can sometimes be updated after the divorce, but it depends on the terms of the divorce judgment and whether there has been a “substantial change in circumstances.” A court may reconsider maintenance if one spouse’s income changes significantly, loses a job, becomes disabled or if the financial needs of either party change in a major way.

However, not every maintenance order can be modified. If the divorce agreement or court order specifically states that maintenance is “nonmodifiable,” then it cannot be altered. The wording of the judgment matters, so it is vital to review the exact terms of the divorce decree.

Illinois courts also consider the type of maintenance that was ordered. Some awards are temporary, while others are reviewable or fixed for a certain period. Depending on how the order was written, modification may be allowed or may be limited.

Connect With Us Today For A Free Consultation

To discuss your maintenance concerns in private with one of our family law attorneys, contact our Chicago office today at 312-667-7706 or send us an email to schedule your free initial consultation. We serve clients throughout Chicagoland, including Cook County, DuPage County, Lake County, Will County, McHenry County and Kane County.