Chicago Spousal Support Lawyer
If you’re facing divorce in Chicago, understanding spousal support can help you plan for your financial future. Spousal support, called maintenance in Illinois, provides financial assistance when one spouse has become dependent on the other during the marriage. In many cases, Illinois law provides a guideline formula for maintenance, but the guidelines apply only in certain situations, and courts can deviate when the guideline result would be inappropriate.
At Caesar & Bender LLP, Chicago spousal support attorneys Molly Caesar and Michael Bender bring nearly 50 years of combined experience handling complex maintenance cases throughout Cook County. Our high net worth divorce lawyers are well-versed in the Illinois maintenance statute and can calculate what you may owe or receive based on your unique financial circumstances. We also guide clients through negotiations and court proceedings to help protect long-term financial stability.
This guide explains how Illinois courts calculate spousal support, how long payments last, what types of maintenance exist, and when support can be modified or terminated. Call Caesar & Bender at (312) 236-1500 to schedule a free consultation and get clarity on your maintenance case.
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What Is Spousal Support in Illinois?
Spousal support enables financial independence when one spouse has become financially dependent on the other during the marriage. In Illinois, this is called maintenance. You may also hear it referred to as alimony, though that term is outdated in Illinois law.
Under 750 ILCS 5/504, maintenance is designed to help a financially dependent spouse become self-supporting or maintain a standard of living similar to what they experienced during the marriage. Common examples include situations where one spouse stayed home to raise children, supported the other spouse’s career or education, or has a medical condition that limits earning capacity. The court must determine whether maintenance is necessary before calculating an amount or duration.
Not every divorce involves spousal support. Illinois courts only award maintenance when one spouse needs financial assistance, and the other spouse has the ability to pay. Both spouses present evidence about their income, property, needs, and earning capacity, and the court weighs these factors together.
Key Takeaway: Spousal support in Illinois, called maintenance under 750 ILCS 5/504, provides financial assistance when one spouse is financially dependent. Courts must find that maintenance is necessary before awarding it.
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How Does the Court Determine If Maintenance Is Necessary?
Not every spouse is entitled to maintenance. Illinois courts examine specific factors to determine whether support is necessary.
The court considers your income and property after the division of marital assets. If both spouses have similar incomes and enough assets to support themselves, maintenance may not be appropriate. The court also looks at each spouse’s needs and whether those needs can be met without support.
Earning capacity plays a central role. The court evaluates your current income, your education and work history, and your ability to find employment. If you left the workforce to care for children or support your spouse’s career, the court considers how this affected your earning potential. The court also looks at the time you would need to complete education or job training to become self-supporting.
Other important factors include the duration of your marriage, the standard of living you maintained during the marriage, and your age and health. A longer marriage typically supports a stronger case for maintenance. If you enjoyed a high standard of living during a 20-year marriage, the court may award support to help you maintain that lifestyle. Age and health matter because they affect your ability to work and earn income.
The court also considers your contributions to the marriage. If you supported your spouse’s education, helped build their career, or sacrificed your own professional development, these contributions weigh in favor of maintenance. Valid agreements between spouses, such as prenuptial agreements, can also affect whether maintenance is awarded.
Key Takeaway: Illinois courts weigh multiple factors under 750 ILCS 5/504 when deciding if maintenance is necessary, including income, property, earning capacity, marriage duration, standard of living, and contributions to the other spouse’s career.
At Caesar & Bender LLP, we take the time to understand the details of your life, your marriage, and your goals for the future. Our Chicago spousal support attorneys can evaluate your unique circumstances to determine whether you may be entitled to maintenance, and what that might realistically look like. Call us at (312) 236-1500 to start the conversation.
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How Is Spousal Support Calculated in Illinois?
Illinois provides guideline maintenance when the parties’ combined gross annual income is under $500,000, and the payor has no obligation to pay child support or maintenance from a prior relationship, unless the court finds the guidelines inappropriate.
The Illinois Maintenance Formula
The formula takes 33.33% of the payor’s net income and subtracts 25% of the recipient’s net income. The result is the annual maintenance amount. The calculated maintenance amount, however, when added to the net income of the recipient, shall not result in the recipient receiving an amount in excess of 40% of the combined net income of the parties. For example, if the payor has a net income of $120,000 per year and the recipient has a net income of $40,000 per year, the calculation works as follows:
- 33.33% of $120,000 = $40,000
- 25% of $40,000 = $10,000
- $40,000 – $10,000 = $30,000 per year ($2,500 per month)
- $120,000 + $40,000 = $160,000 (combined income of the parties) x 40% = $64,000 (total capped income for recipient including maintenance)
- $64,000 – $40,000 = $24,000 ($2,000 per month)(capped maintenance amount)
This formula uses net income, not gross income. Net income is calculated using Illinois’s statutory net-income definition (gross income minus allowable deductions specified by law).
If guideline maintenance plus child support would exceed 50% of the payor’s net income, the court may instead set non-guideline maintenance, non-guideline child support, or both.
When Do Courts Deviate from the Guidelines?
The statutory guidelines provide a starting point, but Illinois law allows courts to deviate when the guideline amount would be inappropriate. Courts consider the same factors used to determine eligibility: your needs, earning capacity, standard of living during the marriage, contributions to your spouse’s career, and any other relevant circumstances.
For example, if you have significant health issues that require ongoing medical care, the court may award more than the guideline amount. If your spouse is voluntarily underemployed, working below their earning capacity, the court can impute income based on what they could reasonably earn.
High Net Worth Maintenance Cases
When your combined gross income exceeds $500,000 per year, the statutory guidelines do not apply. The court has discretion to determine an appropriate amount based on the statutory factors. High-asset divorce cases often involve complex income sources, business ownership, and substantial assets, which require careful financial analysis.
Key Takeaway: Illinois calculates maintenance using a formula (33.33% of the payor’s net income minus 25% of the recipient’s net income) when the combined gross income is under $500,000. Courts can deviate from this guideline when circumstances warrant a different amount.
Michael Bender and Molly Caesar will walk you through the Illinois maintenance formula and help determine whether your circumstances might justify a different amount. Every situation is unique, and we are here to help you understand what the law really means for your financial future.
Call us at (312) 236-1500 to speak with a team that puts your goals first.
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How Long Will Spousal Support Last in Illinois?
The duration of spousal support depends on the length of your marriage.
Duration Guidelines for Illinois Marriages
Illinois law provides duration multipliers based on how long you were married. The court multiplies the length of the marriage by a percentage to determine how long maintenance will last. These multipliers apply when your combined gross income is less than $500,000 per year.
For marriages under 5 years, the duration is 20% of the marriage length. This increases gradually for longer marriages. A 10-year marriage results in maintenance lasting 44% of the marriage length (4.4 years). The percentage continues to increase until you reach 20 years of marriage.
Here’s the complete duration table:
Illinois Spousal Maintenance Duration Multipliers
| Marriage Length | Duration Multiplier | Example Calculation |
|---|---|---|
| Less than 5 years | 20% | 4-year marriage = 0.8 years (9-10 months) |
| 5 years | 24% | 5 years = 1.2 years (14 months) |
| 6 years | 28% | 6 years = 1.68 years (20 months) |
| 7 years | 32% | 7 years = 2.24 years (27 months) |
| 8 years | 36% | 8 years = 2.88 years (35 months) |
| 9 years | 40% | 9 years = 3.6 years (43 months) |
| 10 years | 44% | 10 years = 4.4 years (53 months) |
| 11 years | 48% | 11 years = 5.28 years (63 months) |
| 12 years | 52% | 12 years = 6.24 years (75 months) |
| 13 years | 56% | 13 years = 7.28 years (87 months) |
| 14 years | 60% | 14 years = 8.4 years (101 months) |
| 15 years | 64% | 15 years = 9.6 years (115 months) |
| 16 years | 68% | 16 years = 10.88 years (131 months) |
| 17 years | 72% | 17 years = 12.24 years (147 months) |
| 18 years | 76% | 18 years = 13.68 years (164 months) |
| 19 years | 80% | 19 years = 15.2 years (182 months) |
| 20+ years | Length of marriage or indefinite | The court has discretion |
Indefinite Maintenance for Long-Term Marriages
For marriages lasting 20 years or more, the court may order maintenance for a period equal to the length of the marriage or for an indefinite term. Indefinite maintenance means there is no set end date, though it can still be modified or terminated if circumstances change.
The court makes this decision based on factors such as the age of the recipient spouse, their health, and their ability to become self-supporting. A spouse who is approaching retirement age after a 25-year marriage may have limited ability to re-enter the workforce, which supports indefinite maintenance.
Key Takeaway: Illinois maintenance duration is based on marriage length using specific multipliers. Short marriages result in short-term support (20% of marriage length for marriages under 5 years), while marriages of 20+ years may result in indefinite maintenance.
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Spousal Support Attorneys in Chicago – Caesar & Bender LLP
Michael Ian Bender Esq.
Michael Ian Bender is a co-founding partner of Caesar & Bender LLP and a former Domestic Relations Judge for the Circuit Court of Cook County. He now handles complex matters involving high-net-worth divorce, parenting disputes, protective orders, prenuptial agreements, and companion animal issues.
An advocate for child-focused resolutions, Michael is the author of Protecting Children: Bettering the World One Child at a Time and has been featured in numerous media outlets discussing child welfare and abuse prevention. He holds both a J.D. and an LL.M. with honors and has served in public roles, including Cook County Public Administrator and President of the Illinois Judges Foundation. His work has earned recognition from Best Lawyers in America, Lawyers of Distinction, and other leading legal organizations.
Molly E. Caesar Esq.
Molly E. Caesar is a co-founding partner at Caesar & Bender LLP and a seasoned Chicago family law attorney. Her practice focuses on divorce, custody, maintenance, prenuptial agreements, and complex issues involving assisted reproduction. With experience at every level of the Illinois court system, she brings both trial skills and negotiation strategy to clients navigating sensitive family matters.
Known for her clarity, compassion, and thorough preparation, Molly is also a certified mediator and a trusted resource for resolving emotionally charged disputes. She serves as an adjunct professor at DePaul University College of Law and is a past president of the North Suburban Bar Association. Molly has been recognized by Super Lawyers every year since 2025 and was previously named a Rising Star, an honor reserved for the top 2.5% of Illinois attorneys.
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What Types of Spousal Support Are Available in Illinois?
Illinois recognizes four main types of maintenance, each with different rules and purposes.
Temporary Maintenance During Divorce
Temporary maintenance provides support while your divorce is pending. This addresses immediate financial needs during the separation and divorce process. The court can order temporary maintenance at any point during the proceedings, and it continues until the divorce is finalized.
The amount is often based on the guideline formula, but the court has the flexibility to adjust based on your immediate needs. Temporary maintenance ends when the divorce judgment is entered, at which point the court determines whether to award ongoing maintenance.
Reviewable Maintenance
Reviewable maintenance has a fixed duration but includes a future review date. At the review, the court examines your circumstances to determine whether maintenance should continue, be modified, or terminate. This type is useful when future circumstances are uncertain, such as when the recipient spouse is pursuing education or job training.
For example, the court might order three years of reviewable maintenance with a review at the end of the third year. At that time, the court assesses whether the recipient has become self-supporting or still needs assistance.
Fixed-Term Maintenance
Fixed-term maintenance lasts for a specified duration and the duration cannot be modified unless certain termination events occur (such as remarriage or death). This type provides certainty for both parties because the payor knows exactly when their obligation ends, and the recipient knows how long they will receive support.
The court uses the statutory duration guidelines to determine the length of fixed-term maintenance. Once this term expires, the payor’s obligation ends and cannot be extended.
Indefinite Maintenance
Indefinite maintenance has no set end date. This is typically awarded in marriages lasting 20 years or more, or when the recipient spouse has a permanent disability or other circumstances that prevent them from becoming self-supporting.
Even though indefinite maintenance has no scheduled end date, it can still be modified if circumstances change substantially. It also terminates automatically upon the remarriage or showing of cohabitation of the recipient spouse, or the death of either spouse.
Key Takeaway: Illinois offers temporary maintenance (during divorce), reviewable maintenance (subject to future review), fixed-term maintenance (set duration, non-modifiable), and indefinite maintenance (no end date for long marriages or permanent needs).
At Caesar & Bender LLP, we’ll take the time to understand your situation and help determine which type of spousal maintenance fits your needs and goals. Our Chicago spousal support attorneys offer clear, practical advice so you can move forward with confidence. Call us today at (312) 236-1500 to get started.
What Are the Tax Implications of Spousal Support?
The tax treatment of spousal support changed significantly in 2019.
For divorces finalized after December 31, 2018, maintenance is not tax-deductible for the payor and is not taxable income for the recipient. This represents a major shift from prior law, where the payor could deduct maintenance payments on their federal tax return and the recipient had to report it as taxable income.
This change affects the financial calculation. Because the payor cannot deduct maintenance payments, they pay with after-tax dollars. This makes maintenance more expensive for the payor and may affect settlement negotiations.
If your divorce was finalized before January 1, 2019, the old tax rules may still apply unless a later modification expressly states that the post-2018 tax rule applies.
Key Takeaway: For divorces finalized after December 31, 2018, spousal support is not tax-deductible for the payor and not taxable for the recipient under federal law (Tax Cuts and Jobs Act of 2017).
Molly Caesar can explain how the tax law changes affect your specific Chicago maintenance case. Call (312) 236-1500.
Can Spousal Support Be Modified After the Divorce?
Yes, unless you agreed to non-modificable spousal support in your divorce agreement, spousal support can be modified under certain circumstances, but you must obtain court approval.
Grounds for Modification
The court will only modify maintenance if there has been a substantial change in circumstances since the original order. This standard protects both parties from constant relitigation while allowing adjustments when life changes significantly.
Qualifying changes may include:
- Job loss or involuntary reduction in income: If the payor loses their job through no fault of their own or experiences a significant pay cut, they may petition for a reduction in maintenance.
- Disability or serious health condition: A medical condition that affects either spouse’s ability to work or earn income can justify modification.
- Retirement: If the payor reaches an appropriate retirement age and retires, this may support reducing or terminating maintenance.
- Significant increase in recipient’s income: If the recipient gets a high-paying job or otherwise substantially increases their earning capacity, this may justify reducing or terminating maintenance.
- Cohabitation: If the recipient begins living with a romantic partner in a marriage-like relationship, this can lead to termination rather than just modification.
It is important to note that fixed-term non-modifiable maintenance cannot be modified as to the duration, except for early termination events like remarriage or death, but it can still be modified as to amount, unless you and your spouse agreed to make it non-modifiable. Reviewable and indefinite maintenance can be modified upon a showing of substantial change.
How to Request a Modification
You must file a petition for modification with the Circuit Court where your divorce was finalized. The burden of proof is on the party seeking the modification; you must demonstrate that circumstances have changed substantially since the original order.
The court will hold a hearing where both parties present evidence about the changed circumstances. The court then determines whether modification is warranted and, if so, what the new maintenance amount or duration should be.
Key Takeaway: Illinois allows modification of spousal support upon a substantial change in circumstances (job loss, disability, retirement, recipient’s income increase, or cohabitation), but you must file a petition with the court.
If your circumstances have changed significantly, our team can assess whether you may qualify for a modification of your spousal support order. We will help you understand your options and guide you through the next steps. Call Caesar & Bender in Chicago at (312) 236-1500 to schedule a consultation.
When Does Spousal Support End in Illinois?
Unless otherwise agreed by the parties at the time of divorce, spousal support automatically terminates when specific events occur.
- Remarriage of the recipient ends maintenance immediately under Illinois law. Once your ex-spouse remarries, your obligation to pay support ceases. However, you should still file notice with the court to formally terminate the order; do not simply stop making payments without court documentation.
- Death of either party also terminates maintenance automatically. If the payor dies, the obligation typically ends unless the divorce judgment specifically provided that the payor’s estate would continue paying maintenance. If the recipient dies, maintenance terminates because there is no one to receive the support.
- Cohabitation of the recipient spouse can terminate maintenance, but you typically must file a petition and prove cohabitation on a ‘resident, continuing conjugal basis.’ If proven, the obligation terminates by operation of law as of the date the court finds cohabitation began, and reimbursement may be available for payments made after that date. If you can prove cohabitation, you file a petition to terminate maintenance. The court will hold a hearing and decide whether the cohabitation justifies ending support.
- End of the specified term applies to fixed-term maintenance. If the divorce judgment ordered maintenance for five years, it ends automatically at the end of the five-year period.
Key Takeaway: Illinois spousal support terminates automatically upon remarriage of the recipient or death of either party. Cohabitation can lead to termination if proven. Fixed-term maintenance ends when the specified period expires.
If your ex-spouse has remarried or is living with a new partner, you may be eligible to end your spousal support obligation. Our team can file a petition on your behalf and guide you through the process. Call Caesar & Bender at (312) 236-1500 to protect your rights and explore your options.
Serving Chicago and Surrounding Communities
Caesar & Bender represents clients in spousal support matters throughout Chicago, Cook County, and the surrounding counties.
Our attorneys handle maintenance cases in:
Counties Served:
- Cook County (primary)
- DuPage County
- Lake County
Cities and Areas Served:
- Chicago
- Evanston
- Oak Park
- Skokie
- Wilmette
- Northbrook
- Park Ridge
- Des Plaines
- Arlington Heights
- Schaumburg
- Naperville
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Experienced Legal Help for Spousal Support in Chicago
Spousal support affects your financial future for years to come. Whether you are seeking maintenance or facing an obligation to pay, you need clarity on what the law requires and what you can expect.
Molly Caesar and Michael Bender provide guidance on Illinois maintenance calculations, duration, modification, and enforcement. With nearly 50 years of combined family law experience, our attorneys handle spousal support cases throughout the Chicago area. We prepare detailed financial analyses, present evidence at hearings, and negotiate settlements that protect your interests.
Call Caesar & Bender LLP at (312) 236-1500 for a free consultation. Our office at 150 N Michigan Ave #2130, Chicago, IL 60601, serves families throughout Chicago, Cook County, and the surrounding communities.
Frequently Asked Questions About Divorce in Chicago
How is spousal support calculated in Illinois?
Illinois uses a guideline formula when the combined gross income of both spouses is less than $500,000 per year. The formula calculates 33.33% of the payor’s net income and subtracts 25% of the recipient’s net income. The amount calculated as maintenance, however, when added to the net income of the recipient, shall not result in the recipient receiving an amount in excess of 40% of the combined net income of the parties. For example, if the payor earns $120,000 net and the recipient earns $40,000 net, the calculation is (0.3333 × $120,000) – (0.25 × $40,000) = $30,000 per year or $2,500 per month. However, the recipient is capped at 40% of the combined net income of the parties ($120,000 + $40,000) x .40 = $64,000. The recipient’s income is $40,000 and, therefore, they are capped at maintenance of $24,000 per year ($64,000 – $40,000) or $2,000 per month. When combined income exceeds $500,000, the court has discretion to set an appropriate amount based on statutory factors.
How long do I have to pay spousal support in Illinois?
The duration depends on the length of your marriage. Illinois law provides duration multipliers ranging from 20% of the marriage length for marriages under 5 years to 80% for 19-year marriages. For a 10-year marriage, maintenance lasts 44% of the marriage length (4.4 years). For marriages of 20 years or more, the court may order maintenance for a period equal to the length of the marriage or for an indefinite term. See the duration table above for complete multiplier information.
Can spousal support be modified after the divorce?
Yes, you can petition for modification if there has been a substantial change in circumstances, as long as you did not agree to non-modificable maintenance at the time of divorce. Qualifying changes may include job loss, disability, retirement, a significant increase in the recipient’s income, or cohabitation by the recipient. You must file a petition with the Circuit Court and prove that circumstances have changed substantially since the original order. Fixed-term non-modifiable maintenance cannot be modified as to duration, except for early termination events like remarriage or death, but may be modified as to amount.
Does spousal support end if my ex remarries or moves in with someone?
Yes. Remarriage of the recipient automatically terminates maintenance under Illinois law. Cohabitation can also lead to termination, but you must prove that your ex-spouse is living with a romantic partner in a marriage-like relationship, not just dating or having a roommate. You file a petition with the court, presenting evidence of the cohabitation, and the court decides whether termination is warranted. Death of either party also automatically terminates maintenance.
Is spousal support tax-deductible?
For divorce or separation instruments executed after December 31, 2018, no. Spousal support is not tax-deductible for the payor and is not taxable income for the recipient under the Tax Cuts and Jobs Act of 2017. This changed the prior law, where maintenance was deductible for the payor and taxable for the recipient. Divorces finalized before January 1, 2019, may still follow the old tax rules unless the parties agreed to modify under the new law.
What's the difference between temporary and permanent spousal support?
Illinois recognizes several types of maintenance. Temporary maintenance provides support during the divorce proceedings and ends when the divorce is finalized. Reviewable maintenance has a fixed duration with a future review date when the court reassesses whether support should continue. Fixed-term maintenance lasts for a specified duration. Unless the judgment or a written agreement makes it non-modifiable, either party may seek modification or termination before the end date based on a substantial change in circumstances.
Do I automatically get spousal support if I earn less than my spouse?
No. Earning less than your spouse does not automatically entitle you to maintenance. Illinois courts must first determine that maintenance is necessary based on statutory factors, including your income and property, your financial needs, your earning capacity, the duration of your marriage, your age and health, the standard of living during the marriage, and your contributions to your spouse’s career. Both spouses present evidence, and the court weighs all factors together before deciding whether to award maintenance.
Can we agree on spousal support without going to court?
Yes. You and your spouse can negotiate a settlement agreement that includes the amount, duration, and type of spousal support. The agreement must be presented to the court for approval and will be incorporated into your divorce judgment. Many couples use attorney-negotiated settlements to resolve maintenance issues without going to trial. You can specify whether the maintenance is reviewable, non-modifiable, or indefinite, and you can agree on amounts and durations that differ from the statutory guidelines if both parties consent.
What if my spouse hides income or assets?
Illinois law requires both parties to provide complete financial disclosures during divorce proceedings. If you suspect your spouse is hiding income or assets, you can use the discovery process to investigate. This includes requesting tax returns, bank statements, business records, and other financial documents. You can also hire forensic accountants to trace hidden assets or unreported income. Courts can impose sanctions on a spouse who fails to disclose assets or income, and hidden assets discovered later can affect the maintenance calculation.
Can I get spousal support during the divorce process?
Yes. You can request temporary maintenance while your divorce is pending. This addresses immediate financial needs during the separation and divorce process. The court can order temporary support at any point during the proceedings based on your immediate needs and your spouse’s ability to pay. Temporary maintenance ends when the divorce is finalized, and the court then determines whether to award ongoing maintenance in the final judgment.
What happens if my ex does not pay court-ordered support?
You have several enforcement options. You can serve a wage garnishment, which requires that maintenance payments be withheld directly from your ex-spouse’s paycheck. You can also request that the court hold your ex-spouse in contempt, which can result in fines or jail time. The court can suspend professional licenses or driver’s licenses for non-payment. Unpaid maintenance accumulates as arrears with interest, and you can recover your attorney fees for enforcing the order.
How does child support affect spousal support?
Child support and spousal support are both calculated from net income, but maintenance is calculated first. After determining the maintenance obligation, if any, the resulting net income of each party (after deducting the maintenance obligation for the payor spouse and adding the maintenance obligation to the recipient spouse) is then used to calculate child support. This means that paying spousal support shifts the income between the parties before the child support calculation. The total of both obligations, if required by the same party, affects the payor’s take-home pay, and courts consider the combined impact when determining whether support amounts are appropriate.
What is reviewable maintenance, and how is it different?
Reviewable maintenance has a fixed duration but includes a future review date specified in the divorce judgment. At the review, the court examines whether the recipient has become self-supporting or still needs assistance. This differs from non-modifiable fixed-term maintenance, which ends on a set date and cannot be extended. Reviewable maintenance is useful when future circumstances are uncertain. For example, if the recipient is pursuing education or job training, and it is unclear whether they will be self-supporting by a certain date.
Can I get spousal support if we were only married a short time?
Yes, but the duration will be short. For marriages under 5 years, the duration multiplier is 20% of the marriage length. A 3-year marriage would result in approximately 0.6 years (about 7 months) of maintenance. Courts may still deny maintenance entirely if the marriage was very brief, there is minimal income disparity, or a spouse cannot show a need for maintenance. The court examines the same statutory factors regardless of marriage length.
What if my spouse is voluntarily unemployed or underemployed?
The court can “impute income” to a spouse who is voluntarily unemployed or underemployed. This means the court calculates maintenance based on what the spouse could reasonably earn rather than what they are actually earning. The court considers the spouse’s education, work history, skills, the current job market, and their earning capacity. The burden is on the party claiming underemployment to prove that their spouse is deliberately working below their potential. This prevents manipulation of the support calculation.
Can spousal support be paid in a lump sum instead of monthly payments?
Yes. This is called “maintenance in gross” or a lump-sum settlement. The entire maintenance obligation is paid upfront in one payment rather than in monthly installments over time. Advantages include a clean break between the parties and no ongoing enforcement concerns. Disadvantages include the high upfront cost to the payor and the inability to modify the amount if circumstances change later. Lump-sum maintenance can only be negotiated as part of a settlement as it cannot be ordered by the court.
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