What Is Maintenance
Maintenance is court-ordered payments one spouse makes to the other after divorce or legal separation. It's the term used in New York, Illinois, Wisconsin, and several other states. In other states, you'll see the same concept called alimony or spousal support. The purpose is to provide financial stability to a lower-earning spouse during and after the divorce process.
How Maintenance Is Calculated
Each state sets its own formulas for maintenance amounts. New York uses a straightforward calculation: for combined parental income under $203,000 (as of 2024), the payor spouse pays 20% of their income above the recipient's income, up to a cap. For higher incomes, courts have discretion and consider factors like length of marriage, age, health, and earning capacity.
Illinois uses a similar model with a 20% calculation for combined income under $250,000. Wisconsin bases maintenance on income differences without a fixed percentage, giving judges more flexibility. The duration of payments typically ranges from 20% to 100% of the marriage length, depending on the state and circumstances.
Temporary vs. Permanent Maintenance
Temporary maintenance begins during the divorce case while both parties are still married. A judge sets this amount at an early court hearing, often within 30 to 60 days of filing. Permanent maintenance (called "indefinite" in some states) continues after the final divorce judgment, though it can be modified or terminated based on changed circumstances like job loss, remarriage, or significant income shifts.
Key Factors Courts Consider
- Income and earning capacity of both spouses, including bonuses, commissions, and self-employment income
- Length of the marriage: marriages under 15 years typically receive shorter maintenance periods
- Standard of living during the marriage
- Custodial responsibilities for children, which affect earning potential
- Age and health status of both parties
- Whether the lower-earning spouse sacrificed education or career for the marriage
- Contributions to the other spouse's education or career advancement
- Tax consequences of maintenance payments (payments are no longer tax-deductible as of 2019 federal law)
Common Questions
Does maintenance affect property division? No. Maintenance payments are separate from how a court divides marital assets and debts. A judge handles these as independent issues, though both factor into the overall financial settlement.
Can maintenance be modified after divorce? Yes. Either party can request modification if there's a substantial change in circumstances, usually defined as a 10% to 15% income change depending on your state. Remarriage or a new long-term relationship typically ends maintenance obligations.
What happens if someone doesn't pay maintenance? Non-payment is enforced through wage garnishment, bank levies, license suspension, and in extreme cases, contempt of court charges. Arrears accumulate with interest.