Illinois Maintenance Factors and Non-Guideline Awards
Illinois courts first decide whether maintenance is appropriate on fourteen factors, without regard to marital misconduct, and then apply the guideline formula or a non-guideline award after considering the same factors.
Whether maintenance is appropriate
In a dissolution proceeding the court may grant a maintenance award for either spouse in amounts and for periods of time as the court deems just, without regard to marital misconduct. The court first makes a finding as to whether a maintenance award is appropriate after considering all relevant factors (750 ILCS 5/504(a)).
The fourteen factors
(1) The income and property of each party, including marital property apportioned and non-marital property assigned to the party seeking maintenance, and the financial obligations imposed by the dissolution; (2) the needs of each party; (3) the realistic present and future earning capacity of each party; (4) any impairment of the present and future earning capacity of the party seeking maintenance due to domestic duties or forgone or delayed education, training, employment or career opportunities; (5) any impairment of the earning capacity of the party against whom maintenance is sought; (6) the time necessary to enable the party seeking maintenance to acquire appropriate education, training and employment, and whether that party is able to support himself or herself; (6.1) the effect of parental responsibility arrangements on a party’s ability to seek or maintain employment; (7) the standard of living established during the marriage; (8) the duration of the marriage; (9) age, health, station, occupation, income, vocational skills, employability, estate, liabilities and needs; (10) all sources of public and private income, including disability and retirement income; (11) the tax consequences to each party; (12) contributions and services by the party seeking maintenance to the education, training, career or license of the other spouse; (13) any valid agreement of the parties; and (14) any other factor the court expressly finds to be just and equitable.
Non-guideline awards
Any non-guideline award of maintenance is made after the court considers all of the relevant factors above. A court can go outside the guidelines if it finds them inappropriate, if the combined gross income is $500,000 or more or the payor has a prior obligation, or if maintenance and child support exceed 50% of the payor’s net income.
The four designations
Fixed-term, indefinite and reviewable maintenance each have their own rules for what happens at the end, and the court must designate which it is ordering. Reserved maintenance is a separate option in which the court leaves the question open.
Findings and agreements
In each case involving maintenance the court makes specific findings of fact, and any valid agreement of the parties is itself a factor. Settlement agreements can set maintenance outside the guidelines, so read the language of your own agreement.
Questions to bring to an attorney
Ask how the court is likely to weigh the factors on your facts and whether a non-guideline award is likely.
Next steps
Gather income and expense records for both spouses, proof of education and work history, medical information, evidence of contributions to the other spouse’s career, and tax returns, and run the Illinois maintenance calculator for the guideline starting point.
Frequently asked questions
What factors does Illinois consider for maintenance?
Fourteen factors, including income and property, needs, earning capacity, impairment from domestic duties, time to retrain, the standard of living, the duration of the marriage, tax consequences and any valid agreement.
Is fault considered for Illinois maintenance?
No. Maintenance may be granted without regard to marital misconduct.
When can Illinois maintenance be non-guideline?
When the guidelines do not apply, when the court finds them inappropriate, or when maintenance and child support exceed 50% of the payor's net income.
Does a prenuptial agreement affect Illinois maintenance?
Yes. Any valid agreement of the parties is one of the factors.
Do contributions to my spouse’s career count in Illinois?
Yes. Contributions and services to the education, training, career or license of the other spouse are a factor.
Official sources
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Illinois statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Illinois attorney.