Maintenance

Experienced counsel here to help you navigate maintenance (spousal support).

Maintenance is formerly known as alimony or spousal support and many people use the terms “maintenance”, “alimony,” and “spousal support” interchangeably but, in Illinois the official term for alimony and spousal support is “maintenance”. Maintenance is a payment from one spouse to the other for the financial support of the receiving spouse.

In Illinois there are a number of considerations that the Court utilizes to determine whether maintenance is appropriate in each case. Once the Court decides that maintenance is appropriate, then a calculation will be performed to determine the amount of maintenance.

I was very happy with Ms. Waltz as my attorney. Throughout this awful process she remained a voice of reason and clarity. All of my questions were answered in a way I understood, not legal speak. Nothing my ex tried to do got by her, she was always on top of things and kept me very well informed. I didn’t have to wait days to hear back from her. Nichole saw to it that I was treated fairly and divorce sucks but I couldn’t be happier with the outcome of my divorce. For everything she did for me I would’ve expected to pay more but I found her fee to be quite fair. Divorce is not fun for anyone but it sure helps to have an attorney you can count on and trust, Nichole is both of those things and more!

Former Client

Whether or not a spouse is entitled to maintenance depends on a number of factors which are set forth in the Illinois law that governs maintenance. Although Illinois law has factors that the Court utilizes, when determining whether maintenance is appropriate, the Court can also consider additional factors that are not set forth in the law. Every person’s situation is different and must be evaluated separately. The amount of time a person may receive maintenance depends on the length of the marriage.

Once the court decides that maintenance is appropriate, Illinois law provides for a specific formula to calculate maintenance. In Illinois, there is one formula to determine how much maintenance a spouse should receive and a separate formula is utilized to determine the duration or for how long a spouse will receive maintenance. The amount of maintenance is calculated by determining the gross (pre-tax) amount of income each spouse earns on a yearly basis. The maintenance statute recognizes that not every individual is a W2 employee and that some people may be seasonal workers, may own their own businesses, may earn commission or a bonus, and/or may not be working at full capacity. Because of these special circumstances, there are a few different ways that the Court may utilize to calculate and determine a spouse’s gross income.

FAQs

Maintenance is formerly known as alimony or spousal support and many people use the terms “maintenance”, “alimony,” and “spousal support” interchangeably but, in Illinois the official term for alimony and spousal support is “maintenance”. Maintenance is a payment from one spouse to the other for the financial support of the receiving spouse. In Illinois there are a number of considerations that the Court utilizes to determine whether maintenance is appropriate in each case. Once the Court decides that maintenance is appropriate, then a calculation will be performed to determine the amount of maintenance. A separate calculation is done to determine the duration of maintenance.

Maybe. Whether or not a spouse is entitled to maintenance depends on a number of factors which are set forth in the Illinois law that governs maintenance. Although Illinois law has factors that the Court utilizes, when determining whether maintenance is appropriate, the Court can also consider additional factors that are not set forth in the law. Every person’s situation is different and must be evaluated separately. The amount of time a person may receive maintenance depends on the length of the marriage.

Once the Court decides that maintenance is appropriate, Illinois law provides a formula which we utilize when determining whether a spouse should receive maintenance and if so, how much. A separate formula is utilized to determine the duration or for how long a spouse will receive maintenance. The amount of maintenance is calculated by determining the gross (pre-tax) amount of income each spouse earns on a yearly basis. The maintenance statute recognizes that not every individual is a W2 employee and that some people may be seasonal workers, may own their own businesses, may earn commission or a bonus, and/or may not be working at full capacity. Because of these special circumstances, there are a few different ways that the Court may utilize to calculate and determine a spouse’s gross income.

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