Chicago Alimony / Maintenance Lawyer

Is Alimony (Maintenance) an automatic entitlement under Illinois law?

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Maintenance is not an a priori presumption under Illinois law. Section 504(a) of the IMDMA states that the court may grant maintenance for either spouse “in amounts and for periods of time as the court deems just.” That is, itisdiscretionary. Indeed, the law makes plain that, “Maintenance is not the absolute right of every party to a marriage.” Maintenance § 1.2, (IICLE 2023). Indeed, per In re Marriage o fRaynard, maintenance should be awarded only when necessary. 344 Ill.App.3d 785 (3rd Dist. 2003).

What is more, Illinois courts have found that the division of the marital assets, and not monthly maintenance payments, should be the “primary means of providing for the future financial means of the parties.” In re Marriage of Brackett, 309 Ill.App.3d 329 (2nd Dist. 1999). Also, “the reasonable needs” of the spouse seeking maintenance based upon the standard of living of the marriage, as well as “the ability to become self-supporting, and the lack of the income-producing spouse” continue to be fundamental benchmarks for determining whether maintenance is appropriate. In re Marriage of Dowd, 2013 IL App (3d) 372 Ill.Dec. 248.

The above notwithstanding, there a number of factors the court will utilize to determine the appropriateness and amount of any maintenance ordered. These include, e.g., the following:

1. The income and property of each party;
2. The needs of each party;
3. The present and future earnings of each party;
4. Any impairment of the present and future earning capacity of the party seeking maintenance due to domestic duties such as foregone education, training or employment;
5. Any impairment as in #4 to the party against whom maintenance is sought;
6. The time necessary to acquire any foregone opportunities as in #4;
7. The effect of any parental responsibilities;
8. The standard of living of the marriage;
9. The duration of the marriage;
10. The age, health, station, occupation amount and sources of income, skills, employability, estate liabilities of the parties;
11. All sources of public and private income including disability and retirement income.

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