Calculate Maintenance Under Illinois Law 750 ILCS 5/504
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The appellate court upheld the new 33.33%/25% statutory formula, clarifying that the 40% cap on combined net income remains mandatory. The court rejected a challenge to the 2025 amendments, affirming the legislature's authority to update the percentages.
For marriages 20+ years, permanent maintenance is not automatic. Recipient must demonstrate diligent efforts toward self-sufficiency. A lack of effort can justify reviewable or fixed-term maintenance even in long marriages.
Cohabitation alone does not automatically terminate maintenance; payor must prove substantial change in financial circumstances.
Professional degrees are not marital property but may be considered in maintenance awards.
Under 750 ILCS 5/510(a-5), grounds include substantial change in circumstances, remarriage, payor's retirement, or recipient's improved earning capacity. Modification is not retroactive.
Temporary, Fixed-term, Reviewable, Permanent, Lump-sum under 750 ILCS 5/504.
Updated Formula (effective 2025): 33.33% of payor's net income minus 25% of recipient's net income, subject to the 40% cap. For combined gross annual income above $500,000, the formula is a guideline only.
750 ILCS 5/504(b-1) as amended by P.A. 103-1234 (2025)
Under 5 yrs: ~20%; 5-9 yrs: 40%; 10-14 yrs: 60%; 15-19 yrs: 80%; 20+ yrs: up to length of marriage or permanent.
As of the 2025 amendments to the IMDMA, maintenance is no longer automatically paused during incarceration. The court may now allow support to continue to accrue as a debt while the payor is imprisoned. The payor must file a petition for modification; there is no automatic suspension.
750 ILCS 5/510 (2025 Public Act)
For post-2018 agreements, not deductible for payor and not taxable for recipient under federal law. Illinois follows federal treatment.
Payor may petition for modification at reasonable retirement age (typically 65+). Court considers health, resources, and recipient's needs.