Illinois Alimony Laws

Illinois Statutes, Chapter 750, Families § 5/504

The court will consider the following factors in determining whether a maintenance award is appropriate:

1. The income and property of each party;
2. The needs of each party;
3. The present and future earning capacity of the parties;
4. The impairment of the present and future earning capacity of the party seeking maintenance due to decisions the party made on account of the marriage;
5. The impairment of the reasonable present or future earning capacity of the party against whom maintenance is being sought;
6. The standard of living established during the marriage;
7. The duration of the marriage;
8. The age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and the needs of each party;
9. All sources of public and private income;
10. The tax consequences of the property division;
11. Contributions and services by the party seeking maintenance to the education, training, career, career potential, or license of the other spouse;
12. Any valid agreement of the parties;
13. Any other factor the court finds just and equitable.

Where the court determines maintenance is appropriate it shall order either:

1. Maintenance in accordance with the guidelines: Where the combined gross income of the parties is less than $250,000, and the payor has no obligation to pay child support or maintenance from a prior relationship the amount will be;
2. • 30% of the payors gross income minus 20% of the payee's gross income, but not more than 40% of the combined gross income; or
   • The duration of the award is calculated by multiplying the length of the marriage by a decimal amount listed in the statute. Marriages of 20 years or more may, at the court's discretion, receive permanent support or support for a duration equal to the length of the marriage.
3. Maintenance not in accordance with the guidelines: upon consideration of the factors previously listed.