Illinois Maintenance Guidelines

In the past, spousal maintenance was a complex and unpredictable issue. Judges decided on an amount based on a variety of factors listed in the statute. The decisions of judges varied dramatically. Not anymore, thanks to a new law, Public Act 098-0961.

P.A. 098-0961 changes sections 504 and 505 of the Illinois Marriage and Dissolution of Marriage Act, which previously dictated how spousal maintenance was determined. Now, there are clear guidelines that dictate how spousal maintenance will be calculated.

Calculation Of Spousal Maintenance Under The New Guidelines

At The Law Firm of Debra J. Braselton, P.C., we focus on divorce and family law exclusively and with excellence. We have closely followed the changes to the law. When you choose our law firm, you can be confident knowing that you will work with a lawyer who understands the new guidelines and can help you pursue fair alimony payments.

The new guidelines impact divorcing spouses with combined yearly incomes of $250,000 or less. In order for there to be alimony payments, certain factors must be met. For example, there must be a disparity in income or earning capacity between the divorcing spouses.

If the factors require alimony payments, the guidelines dictate both the amount and the duration. Amount will be based on each party's income ("30% of the payor's gross income minus 20% of the payee's gross income," per the new law), with restrictions capping the amount that may be paid. The duration will be based on the length of the marriage, with longer marriages resulting in longer alimony durations. Beyond that, the guidelines get complex, which is why it is important to have a skilled attorney on your side.

Having guidelines in place improves the chances of negotiating a positive outcome, rather than taking the matter to trial. However, if the matter does go to trial, it is possible that the judge may not follow the guidelines. He or she must have good reason not to do so. We know how to address all challenges that may arise in order to pursue a fair outcome for you.

Learn More About Spousal Support Payments

We have more than 20 years of experience handling divorce. Call 800-569-5371 or email to schedule a consultation with DuPage County lawyer Debra Braselton.