Des Plaines and Hoffman Estates Law Firm Frequently Asked Questions Video
How is spousal support or maintenance calculated?
Spousal support, which is called maintenance in Illinois, formally known as alimony, is also based upon statute. It use to be kind of a dart thrown at a board, but they recently changed the statute last year. It sets forth the calculation where you ultimately come out with what the maintenance figure should be.
First you got to get to the point where maintenance is appropriate. What I mean by that is not all divorces have maintenance because not all divorces require maintenance.
There’s a lot of factors you go through to determine whether or not figuring out what maintenance is, is even necessary or appropriate. Such as what’s the relative income with the two spouses? What’s the relative education level? What’s their work history? Has one of the spouses spent a significant amount of time at home raising the kids while the other spouse was out in the workforce moving up the ladder? There’s lots of different factors, all that is set forth in statute that are going to tell you whether or not getting to the maintenance calculation is appropriate.
Once you figure out that maintenance is appropriate, given the number of factors, you just plug in the numbers into the statute. The statute is very clear on how you come up with the maintenance number and also the statute also sets forth how many years that the maintenance is going to be based upon the number of years the two of you were married. That’s generally how you come up with the maintenance figure.