Attorney Banner Image

Experienced. Formidable. Compassionate.

What is a Lifestyle Analysis or Standard of Living Analysis and How Does it Apply in an Illinois Divorce where Maintenance is at Issue?

 Posted on March 03, 2025 in Divorce

Blog ImageDivorce is a financial upheaval as much as an emotional one, especially when maintenance—commonly known as alimony—is on the table. In Illinois, there is a guideline calculation provided within the law which outlines the amount and duration of support.  However, it is not used in every situation.  For one, it only applies to families where the combined gross income is less than $500,000.  In addition, the guidelines may not be appropriate in all situations and in those scenarios either party has a right to seek an upward or downward deviation from those guidelines.  In these cases, the court can be greatly assisted by a tool called a lifestyle analysis (or standard of living analysis). If you’re navigating a divorce and spousal support is in question, understanding this process can demystify how judges decide the appropriate amount of spousal support in cases where strict statutory guidelines don’t apply. So, what is a lifestyle analysis, how does it work in Illinois divorce cases, and why does it matter when maintenance is involved?

What Is a Lifestyle Analysis?

At its core, a lifestyle analysis is a detailed financial autopsy of a couple’s life during marriage, or at least a period of time immediately prior to the divorce. Most commonly, a 3 or 5 year analysis is utilized. It’s not just about who earned more or spent more—it’s a deep dive into the standard of living both spouses enjoyed before the divorce. Think of it as a snapshot of your marital lifestyle: the vacations, the mortgage payments, the grocery bills, even the splurges on restaurants or concert tickets. In Illinois divorce cases, this analysis helps courts determine whether maintenance is needed and, if so, how much and for how long in scenarios where the guidelines either do not apply or are not appropriate.

Illinois expressly considers the standard of living during the marriage when assessing maintenance awards and a lifestyle analysis provides the court with the hard data to back up a party’s assertion relative to that standard.

Why It Matters in Maintenance Cases

Maintenance isn’t automatic in Illinois. Courts first decide if it’s appropriate based on factors like the length of the marriage, each spouse’s earning capacity, and contributions to the household (including non-financial ones, like raising kids). If maintenance is deemed necessary, the next question is the amount and duration—often guided by statutory guidelines. But here’s the kicker: those guidelines (33.33% of the payer’s net income minus 25% of the recipient’s net income) aren’t the do all end all.

That’s where the lifestyle analysis shines. It answers the question: "What did life look like during the marriage, and what is needed in support so that both parties can reasonably sustain that post-divorce?" For example, if one party earns a substantial income, but during the marriage the parties lived very frugally and saved a lot of money, the guideline formula would likely result in a maintenance award which creates a windfall to the recipient.  A lifestyle analysis ensures maintenance reflects reality and your individual case, not just a formula that is applied across the board.

How It Works in Illinois

In an Illinois divorce, a lifestyle analysis involves a financial expert—often known as a forensic accountant—combing through years of records. Bank statements, credit card bills, tax returns, and even receipts get scrutinized to paint a picture of the cost of living and spending habits. The process will likely cover:

  • Housing Costs: Mortgage or rent, utilities, maintenance, property taxes.
  • Daily Living: Groceries, clothing, dining out, transportation.
  • Luxuries: Vacations, entertainment, clubs, and hobbies.
  • Savings and Investments: Contributions to retirement or college funds.
  • Children’s expenses: school fees, extra-curricular activity costs, clothing and travel spent on the children.

Illinois courts don’t require this analysis, but either spouse (or their attorney) can request it. It’s especially common in contested cases or when incomes differ sharply, particularly when one spouse is a high wage earner. The IMDMA allows judges to deviate from guideline maintenance if the standard of living justifies it, making the analysis a powerful tool.

Benefits and Challenges

The upside? A lifestyle analysis brings clarity and fairness. It prevents one spouse from exaggerating need or the other from hiding excess. In Illinois, where equitable distribution (not equal splitting) governs property division, it also ties maintenance to the bigger financial picture.

But it’s not flawless. Compiling years of data can be costly and time-consuming.  In addition to reviewing records a financial expert also typically has several interviews with each party.

What It Means for You

If you’re facing an Illinois divorce with maintenance on the line, a lifestyle analysis could aid you in your case. For the higher earner, it might mean proving the marital lifestyle wasn’t as extravagant as claimed. For the lower earner, it’s a chance to show why maintenance matters beyond basic survival. Either way, preparation is key: gather financial records early, and consult with an experienced lawyer.

In the end, a lifestyle analysis isn’t about punishing or rewarding anyone—it’s about grounding divorce in reality. By shining a light on the marital standard of living, this process helps ensure maintenance isn’t a guess, but a fair reflection of the life you built together—and the lives you’ll lead apart.

Our attorneys have experience with high income wage earners and the application to maintenance cases.  Please contact one of the Nagle & Giese, P.C. team members for your free initial consultation today. We can be reached at 630-407-1200 or www.dupagedivorcelawyers.com.

Share this post:
Back to Top