Ending a marriage reshapes the finances that a couple has managed together over time. Even in an amicable divorce, working through those details can be complicated. Marital income isn’t divided into “his” and “hers.” The law treats it as a shared asset that must be accounted for in the separation, and sometimes that division raises questions like:
- What if one spouse stayed home to raise the couple’s minor children?
- What if they only worked part-time in order to advance the other spouse’s career?
Spousal maintenance can provide the financial support they need while they get the skills or education they need to support themselves. This guide reviews how alimony is determined in Illinois and how a Chicago family law attorney can help.
A note from Raif: Alimony calculations look mathematical, but they’re really about strategy. The formula is just a starting point. The real questions are: how do we present income, what counts as a substantial change in circumstances down the road, and how do we structure the agreement so both spouses can move on with their lives? After 30 years of doing this, I can tell you the formula matters less than how it gets applied.
What is Spousal Maintenance?
Maintenance is financial support one spouse pays to the other after the relationship ends. Also called alimony or spousal support, it’s sometimes awarded as part of a divorce settlement, especially if one spouse earns substantially less than the other. But it’s not mandatory in every case, and a maintenance award is very case-specific.
In Illinois, there are two sets of spousal support rules:
- For couples with a combined income above $500,000, the courts have wide latitude to determine maintenance using a set of factors described in the Illinois maintenance law.
- “Guideline” maintenance applies to couples with a combined net income below $500,000. If yours is less than $500,000, and the higher-earning spouse has no child support or maintenance obligations from a previous relationship, the guideline maintenance rules apply.
For guideline maintenance, Illinois courts use a formula to determine how much spousal support should be paid. If a judge deviates from this formula, they must give their reasons for doing so in their ruling.
Who Can Receive Spousal Maintenance?
The spousal maintenance rules laid out in the Illinois Marriage and Dissolution of Marriage Act apply to couples who are:
- Divorcing;
- Legally separating or;
- Dissolving a civil union.
Although alimony was nearly always paid to women at one time, today the law is gender neutral. That means either partner may receive support or pay it, regardless of their gender or that of their spouse.
What if There’s a Dispute About Maintenance?
If one person asks for spousal support and the other contests it, the court will first determine if maintenance is appropriate. The judge will review any existing agreements that reference alimony, such as a prenuptial or postnuptial agreement.
It is important to note that even if such a document specifies that no spousal support will be paid, it doesn’t necessarily mean the judge won’t award it. In Illinois, a court can override an agreement that creates an undue financial hardship for the requesting spouse, but cases like this are extremely rare.
If there is no agreement (or an existing agreement is contested), the judge would decide the question, starting with a review of the couple’s finances and situation. This includes:
- Each person’s income, such as wages, pensions, disability, retirement savings, etc.
- Each spouse’s realistic earning capacity, both currently and in the future.
- Whether the person seeking spousal maintenance has the skills and/or education needed to find gainful employment.
- Whether childcare responsibilities affect employment prospects.
- Each person’s assets, including marital and non-marital property, after property division.
- Any financial obligations each spouse will have as a result of the divorce.
- The tax implications of spousal maintenance on each party
The judge will also consider how the marriage has affected each person’s past, present, and future earnings. That includes:
- Whether either spouse gave up or postponed their education or career after the marriage.
- Whether the requesting spouse supported and/or contributed to the other spouse’s education, training, career, or license.
- How long it would take for the party requesting maintenance to get the education and training needed to find employment.
Other factors taken into consideration include:
- Marriage length
- The standard of living the couple shared during the marriage.
- Each spouse’s age and health.
- Anything else that might be relevant to a fair decision.
If the judge determines that spousal support is appropriate, the next step is calculating how much it will be and how long it will be paid.
How is Maintenance Calculated in an Illinois Divorce?
Before January 1, 2019, the cost of spousal support was based on the gross income of both spouses. The basic formula was pretty simple: maintenance was to equal 30% of the payor spouse’s gross income minus 20% of the payee spouse’s gross income. However, the amount of spousal support couldn’t be more than 40% of the couple’s total combined income.
This formula is still used for adjustments to maintenance awards pre-dating January 1, 2019. Here’s an example:
One spouse earns $100,000 per year and the other $10,000 per year, making their total combined income $110,000. The formula would look like this:
($100,000 x 0.30) – ($10,000 x 0.20) = maintenance per year
$30,000 – $3,000 = $27,000 per year
Now add $27,000 to the receiving spouse’s $10,000 income. That’s $37,000. Since 40 percent of their combined gross income ($110,000) is $44,000, guideline maintenance is $37,000.
How is Maintenance Calculated in an Illinois Divorce Today?
On January 1, 2019, maintenance calculations began using net income, which is how much you take home after taxes. Additional sources of income, like Social Security, retirement benefits, investment income, and side jobs, also count toward income for maintenance.
The basic formula for calculating maintenance is 1/3 of the paying spouse’s taxable income minus 1/4 of receiving spouse’s net income. Again, the support award can’t be more than 40% of the couple’s combined net income.
Example: Chris’s net income is $100,000/year, and Pat’s is $10,000/year. Pat is asking for support. If you apply their incomes to the formula, you get the following:
(0.333 x 100,000) – (0.25 x 10,000) = amount of maintenance
$33,333 – $2,500 = $35,833
Now the 40 percent test. The couple’s combined income: $100,000 + 10,000 = $110,000, so 40 percent is $44,000. Pat’s net income plus the calculated maintenance is $45,833, which is more than $44,000. In this case, the judge would reduce the annual maintenance amount to uphold the 40 percent cap rule.
There’s no way to be 100% certain how much spousal support, if any, a divorce judge might order. However, an experienced divorce and family law attorney can help you protect your financial and personal interests.
Determining Non-Guideline Maintenance
Non-guideline maintenance applies when the combined annual net income of the divorcing couple is more than $500,000. In these cases, the judge may determine the amount of court-ordered spousal support using the same criteria used to determine maintenance eligibility.
Illinois Has Three Types of Maintenance Terms
Illinois law provides for three types of support duration:
- Fixed-term
- Indefinite term
- Reviewable
Generally speaking, the court will award either fixed or reviewable maintenance for marriages that lasted less than 20 years. For marriages over 20 years in duration, the court can issue a support order for either indefinite maintenance or maintenance for a term equal to the length of the marriage.
Fixed Term Maintenance
Fixed term maintenance is the general rule for shorter marriages. How long it will be paid is determined using this alimony duration formula:
- Less than 5 years x 20 percent
- 5 years or more but less than 6 years x 24 percent
- 6 years or more but less than 7 years x 28 percent
- 7 years or more but less than 8 x 32 percent
- 8 years or more but less than 9 years x 36 percent
- 9 years or more but less than 10 years x 40 percent
- 10 years or more but less than 11 years x 44 percent
- 11 years or more but less than 12 years x 48 percent
- 12 years or more but less than 13 years x 52 percent
- 13 years or more but less than 14 years x 56 percent
- 14 years or more but less than 15 years x 60 percent
- 15 years or more but less than 16 years x 64 percent
- 16 years or more but less than 17 years x 68 percent
- 17 years or more but less than 18 years x 72 percent
- 18 years or more but less than 19 years x 76 percent
- 19 years or more but less than 20 years x 80 percent
Indefinite Term Maintenance
Indefinite term maintenance is also sometimes called permanent spousal maintenance because no termination date is set. Although nearly always limited to marriages that lasted over 20 years, the court could award it in rare circumstances, such as one spouse being left disabled after a serious injury.
Reviewable Term Maintenance
Reviewable maintenance is similar to fixed-term in that the judge sets a specific payment period. The difference is that with reviewable term maintenance, the courts can order that payments continue past the original end date.
The receiving spouse must ask for a review and extension before a preset deadline, or the maintenance will automatically stop when the term expires. At the review, the judge will examine each person’s current financial situation. If they determine that the support recipient has become self-sufficient, the maintenance will likely be allowed to terminate. If not, the court ordered payments may continue.
Can Spousal Maintenance Be Terminated Early?
There are three circumstances under which spousal maintenance may be terminated early in Illinois.
- The person receiving support lives with someone on a “resident, continuing conjugal basis” (also known as cohabitation);
- The person receiving support remarries;
- If either of the former spouses dies.
Note that termination under these circumstances is not automatic. Unless the support payor can enter into an agreed court order with the payee spouse, the payor must still file a petition to terminate support under 750 ILCS 5/510 and obtain a court order terminating support.
Questions About Support Awards? Speak to a Chicago Alimony Lawyer
Maintenance can be an essential part of an equitable divorce settlement. Illinois spousal maintenance guidelines can be difficult to interpret, but a Chicago divorce attorney can help you clarify how much you may be able to request or expect to pay. You can learn more about your legal rights and obligations under Illinois law with our Ultimate Guide to Maintenance in a Divorce.
At STG Divorce Law, our goal is to help you preserve your standard of living and financial security as you enter the next phase of your life. If you would like to speak to a Chicago divorce lawyer about legal help, please call (630) 349-2279 today.