Spousal Maintenance in Illinois

Overview

In an Illinois divorce proceeding, the analysis of potential maintenance payments (formerly known as "alimony" or "spousal support") is in three steps:

1. Is one person entitled to maintenance? Not every marriage will require maintenance payments.

2. How much are the maintenance payments? Illinois provides a formula to calculate "guideline maintenance," but also allows for deviation from these guidelines in some circumstances.

3. How long will payments be required? Illinois uses a formula to determine the number of months of spousal maintenance that will be required:

• Months Married x Multiplier = Months of Maintenance Payments

The statute defines 'Multiplier' which depends on the length of the marriage. For example, a marriage of one year results in a few months of payments while a marriage of 20 years may result in an "indefinite term" that can last forever. See 750 ILCS 5/504(b-1)(1)(B)

Who is Entitled to Maintenance Payments in Illinois

In Illinois, maintenance is based on 'equity' - trying to achieve fairness between the parties. The Courts can consider a large number of factors when reviewing whether or not the awared of maintenance payments is appropriate, including: The court shall first make a finding as to whether a maintenance award is appropriate, after consideration of all relevant factors, including (but not limited to):

• "the income and property of each party",
• "the needs of each party",
• "the standard of living established during the marriage",
• "the duration of the marriage",
• "a valid agreement" (prenuptial agreement, for example)

For a full list of factors considered, see 750 ILCS 5/504(a). Generally speaking, if both spouses have similar incomes and assets and situation, maintenance payments may not be appropriate. If one party earns significantly more, maintence payments are likely to be required unless the marriage was very short.

How to Calculate the Ammount of Spousal Maintenance Payments in Illinois

In Illinois, the statute provides a definition for 'guideline maintenance' which is the standard calculation for maintenance payments. Illinois allows for deviations up or down, but 'guideline maintenance' is always used as the starting point :

[guideline maintenance] shall be calculated by taking 33 1/3% of the payor's net annual income minus 25% of the payee's net annual income. The amount calculated as maintenance, however, when added to the net income of the payee, shall not result in the payee receiving an amount that is in excess of 40% of the combined net income of the parties. 750 ILCS 5/504(b-1)(1)(A).

You can use our Free Illinois Spousal Maintenance Calculator / Estimator to get an idea of what Maintenance payments could look like for your situation.

How to Calculate the Length of Spousal Maintenance Payments in Illinois

How long do these payments need to be made? It depends on the length of the marriage, and there is a formula in the statute to to determine the duration of payments. Longer marriages result in longer payments. For example, a marriage of one year results in a few months of payments while a marriage of 20 years may result in an "indefinite term" that can last forever. See 750 ILCS 5/504(b-1)(1)(B)