Maintenance

Maintenance

When facing a divorce, clients may find themselves left with financial questions and concerns.  They may wonder how their situation and lifestyle will change after the marriage ends.  These consequential changes are determined by Illinois law regarding maintenance, which is financial support for a spouse.  The applicable statute is Section 504 of the Illinois Marriage and Dissolution of Marriage Act, which addresses the law on maintenance, and details how the law is applied to the facts of the case.  A skilled attorney can assist, either in mediation, collaborative divorce or in a negotiated settlement. Cooper Trachtenberg Law Group, LLC, we walk our clients through the process, explaining each step to help clients understand how their individual needs are applied to maintenance issues.

In 2019, the Illinois law was amended to be more specific and consistent to individual cases, considering both parties’ needs.  Courts must first determine whether maintenance is appropriate, and there is a multi-factor approach to deciding whether to establish maintenance.  Such factors include the needs of each party, the standard of living during the marriage, financial circumstances of each party, both pre-and post- divorce, etc.  The Illinois law includes a mathematical formula for the amount and duration in terms as to how long maintenance will be paid.  Maintenance may also be paid, on a temporary basis, and on a permanent basis, depending on circumstances.  Prior to the change in the law, maintenance was considered a taxable event, deductible by the payor, and includable as income to the payee.  Any new maintenance awards after the change in the law, are no longer taxable, nor tax deductible. 

At Cooper Trachtenberg Law Group, LLC, we take seriously our clients’ needs and individual situations.  We are well-versed in maintenance laws and use and can help ensure a trustworthy, fair and favorable outcome.  If you are considering divorce and are looking for experienced, compassionate attorneys to guide you through the maintenance formula, the attorneys at our office can help you in your process.