Will New Maintenance Guidelines Affect My Illinois Divorce?

Badesch Abramovitch, a family law firm in Chicago, answers:

On January 1, 2015, a new law went into effect drastically changing how maintenance awards are calculated in Illinois. Prior to the enactment of this law, the judge would consider a list of factors without any specific guidelines. That system resulted in a wide variety of maintenance amounts, and the award in each case was highly unpredictable. The new law establishes guideline formulas for calculating maintenance for divorcing couples who have a combined gross income of less than $250,000.

Under the new law, once the judge has determined that maintenance is appropriate, specific formulas provide guidance for setting both the amount and duration of the award. The amount of maintenance depends upon the income of each spouse as well as the combined incomes of the divorcing couple. The duration of the award is calculated taking the length of the marriage into consideration. Although judges are not required to follow the formulas, they must provide an explanation if they choose to diverge from them.

If spousal support will be an issue in your divorce, you should seek counsel from an experienced family law attorney to learn how this new law may impact you.