In re Marriage of Conklin, 2025 IL App (3d) 240330-U

What should you know about in re marriage of conklin, 2025 il app (3d) 240330-u?

Quick Answer: Case Summary: In re Marriage of Conklin, 2025 IL App (3d) 240330-U - ## Summary This article analyzes the Illinois appellate case *In re Marriage of Conklin*, which addresses spousal maintenance modification disputes, particularly when a paying spouse experiences significant income increases from stock options. **The key legal point is that under Illinois law, a "substantial change in circumstances" required for maintenance modification cannot be established if the income source was foreseeable and contemplated at the time of the original agreement**—the court found that Edward Conklin's stock option windfalls were known assets he had previously exercised, making his increased payments a consequence of his deal rather than grounds for modification.

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Frequently Asked Questions

How is spousal maintenance (alimony) calculated in Illinois?

For combined gross income under $500,000, Illinois uses a formula: (33.33% of payor's net income) minus (25% of payee's net income). The total cannot exceed 40% of combined net income. Duration depends on marriage length, ranging from 20% of marriage length for short marriages to permanent for marriages over 20 years.

Can maintenance be modified after divorce in Illinois?

Yes, unless explicitly waived or made non-modifiable in your agreement. Under 750 ILCS 5/510, modification requires substantial change in circumstances: significant income changes, job loss, disability, or cohabitation by the recipient on a continuing, conjugal basis.

Is spousal maintenance taxable in Illinois?

For divorces finalized after December 31, 2018, maintenance is neither deductible by the payor nor taxable to the recipient under the Tax Cuts and Jobs Act. This federal change significantly impacts settlement negotiations and payment amounts.

Written by Jonathan D. Steele

Chicago divorce attorney with cybersecurity certifications (Security+, ISC2 CC, Google Cybersecurity Professional Certificate). Illinois Super Lawyers Rising Star 2016-2025.

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