Naperville, IL family law attorney Jacqueline Helm discusses the situations in which spousal maintenance is awarded in Illinois. She explains that recently, the calculation for what was previously known as alimony has undergone changes in Illinois. It is now determined by a formula that considers the income of both parties and the duration of the marriage. This formula provides a guideline number for the judge to consider. However, there are additional factors in Illinois law that can influence the judge’s decision and allow for deviations from the guideline amount. This is where the assistance of a lawyer can be valuable in presenting relevant information to the judge.

For example, in long-term marriages, there may have been an agreement between the spouses where one party chose to stay at home and take care of the household and children, thereby sacrificing career advancement. This can be especially significant in middle-aged marriages, as one spouse may have enjoyed career progression while the other, despite valuable work within the home and family, would be starting from the beginning if they were to enter the workforce.

Various factors are taken into account, including health considerations. If a person has health issues or requires treatment that limits their ability to work, the court will consider these factors. In longer-term marriages, where the spouses are older and have older children, these considerations become more relevant. Additionally, in cases involving younger individuals, if one spouse has a lower level of education, the court may acknowledge the need for time to acquire education and become self-supporting.

While there is a formula in Illinois for calculating maintenance, it is important to recognize that there are numerous nuanced factors involved, and the determination is not entirely objective. A skilled lawyer can help navigate these complexities and present the relevant circumstances to the court, ensuring a fair consideration of maintenance requirements.