Anderson & Boback Logo

Maintenance/Spousal Support and the “filing date” Issue

Categorized as Spousal Support

Under 750 ILCS 5/504, maintenance is calculated pursuant to a certain formula, unless the parties earn over $250,000 gross per year.  Then, the Judge has discretion to award a reasonable sum of maintenance, under the circumstances.  Interestingly, though, there is an issue which has arisen regarding when the marriage “ends” for the purpose of calculating spousal support.  The statute specifically lays out one formula for calculating the dollar amount of maintenance, and another for calculating how long the maintenance should be paid for, depending upon the length of the marriage.


Under the most recent revised version of the Illinois Marriage and Dissolution of Marriage Act, the length of the marriage is defined as the date of the marriage through the date that the petition for dissolution of marriage was filed.  This time frame constitutes the length of the marriage for the purpose of determining how long maintenance will be paid for.  Some people confuse this with the valuation date of the marital estate.  The valuation date of the marital estate is the date the judgment for dissolution is entered.  So, while a divorce is pending, the marital estate can grow or shrink, but the duration of which a person has to pay maintenance won’t fluctuate.

Was this information helpful?

You May Also Like

Wonder if your spousal maintenance is modifiable? This question was addressed in Scarp v. Rahman when the father in the case of sought to modify his maintenance obligation.  The trial court would not allow the modification so he sought an…

Birthdays are a big deal to kids - they usually get a party with their friends with cake, balloons, presents, and if they are lucky, a ball pit to jump into at Chucky Cheese! The day is all about them.…

Our firm represents a lot of military families and for the most part, handling a military divorce is just like any other divorce.  There are specific rules that need to be followed, however, and those parents in the military facing…

Changes to Spousal Maintenance Law in Illinois In 2019, a significant change in the tax code was made regarding maintenance, which resulted in spousal maintenance (formerly known as “alimony”, also known as “spousal support”) being tax-free to the recipient and…

Illinois has modified its statutes wherein parents are now allocated “parental responsibilities” and “parenting time” instead of “custody”.  The purpose of these changes was to try and give the parents less to fight over.  You can win “custody” but winning…

For Illinois parents that are no longer together or facing divorce, understanding the basics of child custody law is important. First, the term “custody” no longer exists in Illinois. The State of Illinois changed its laws regarding custody in 2016,…

Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Schedule a Discreet Consultation Today!

    Firm Overview

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870