The Ultimate Guide to Spousal Support, Alimony, and Maintenance in Illinois

Everything you need to know about maintenance (formerly "alimony") in Illinois divorce cases.

Spousal Support and Alimony in Illinois

While it’s not unusual for a couple to have different income levels, this disparity can cause problems if the marriage doesn’t work out. In many cases, the spouse who earns less or stays at home to raise the children finds themselves at a financial disadvantage. Without help, they may struggle to afford the lifestyle they’ve been enjoying until now.

Although alimony in Illinois is not as common as it used to be, it’s still a relevant factor in modern divorces. If you’re worried about making ends meet or afraid of being forced to pay more than feels fair, call the experienced divorce attorneys at STG Divorce Law. We will listen to you and strive for a solution that helps you protect what matters.

Why Hire STG Divorce Law for Your Spousal Support Case

In Illinois, a lower-earning spouse can petition for temporary and, in some cases, permanent alimony during divorce, depending on the circumstances and the length of the marriage. At STG Divorce Law, we help you negotiate or pursue a support arrangement that’s both fair and sustainable. Here’s what makes us different:

We Lead With Heart and Back It With Strength: Support issues are deeply personal. We approach every case with care and respect, but we’re not afraid to stand firm when it counts.Decades of Experience: Since 1994, we’ve guided thousands of people through divorce and support matters across Illinois. Our managing partner, Raiford Palmer, wrote the bestselling book I Just Want This Done, named Best Family Law Book of All Time by BookAuthority. He’s a Fellow in the Illinois Chapter of the American Academy of Matrimonial Lawyers.

Team-Based Approach: Every client gets a partner, an associate, and a paralegal assigned to their case. There’s always someone available to answer your questions.

We Build a Plan That Fits Your Life: Not a generic template. We look at the full picture, walk you through what to expect, and help you make informed choices.

Community Commitment: We support local organizations like Family Shelter Inc., DuPage P.A.D.S., and Rise From the Ashes because we care about families, not just winning cases.

Alimony in Illinois: What You Need to Know

In Illinois, spousal support (also called alimony or spousal maintenance) is money one spouse may be required to pay the other during or after a divorce. It’s not automatic. Courts look at income, length of the marriage, lifestyle, and financial need before making a decision. The goal isn’t to punish or reward. It’s to create stability after two lives split.

Temporary Support

This short-term financial assistance is paid while the divorce is still in progress. It’s meant to pay the bills and cover basic needs for the lower-income spouse while everything is being sorted out. There’s no standard formula. The court reviews income, expenses, and financial disclosures before setting an amount. Once the divorce is finalized, temporary spousal support ends and any new support order takes its place.

Fixed-Term Maintenance and Reviewable Support

This is the most common type of spousal maintenance. The court sets a start date, an amount, and either an end date or a review point. The formula applies when combined gross income is under $500,000 and neither party is supporting a prior spouse.

Fixed-term support has a clear end date. Reviewable maintenance requires the recipient spouse to show progress toward financial independence at a set point. The duration is tied to the length of the marriage.

Permanent Maintenance

Despite the name, permanent support doesn’t always mean forever, but it can come close. This type of alimony is typically reserved for long-term marriages, usually 20 years or more, where one spouse is unlikely to become self-supporting due to age, health, or time spent out of the workforce.

How is Spousal Support Calculated in Illinois?

If your combined income is under $500,000, courts use a statutory formula: 33% of the payor’s net income minus 25% of the recipient’s net income. There’s a cap: it can’t be more than 40% of the combined net income. If your annual income is above $500,000, the formula doesn’t apply, and the court has more flexibility in ordering an amount.

If one spouse earns $100,000 per year (net) and the other earns $10,000 (net):

• 33% of $100,000 = $33,333

• 25% of $10,000 = $2,500

• $33,333 – $2,500 = $30,833 per year in maintenance

Then check the 40% cap: combined net is $110,000, so 40% is $44,000. The recipient’s net plus calculated maintenance is $40,833, which is under the cap, so the calculation stands.

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How Maintenance Is Structured In Illinois

Maintenance is further broken down into “guideline” or “non-guideline” maintenance awards (also called a “deviation” from guideline maintenance).

“Whether a case falls within the guidelines or deviates from guidelines is based on the parties’ combined net annual income.”

Guideline and non-guideline maintenance will be discussed in detail below.

When is Maintenance Awarded?

The decision to award maintenance is made on a case-by-case basis. The key factors in making that determination are the length of the marriage and the incomes of both parties. When maintenance is deemed appropriate and has not been waived, the court, in its discretion, may grant an award of maintenance to either spouse in amounts and for periods of time which the court deems just.

An award of support is not appropriate merely because one spouse feels they are owed something and wants to enrich themselves to the detriment of the other.

Who Pays Spousal Support in Illinois Divorces?

Today, spousal support in Illinois is gender-neutral. Courts don’t care whether you’re a husband or wife, or how the roles are divided at home. What matters is the math and the marriage itself. The person who earns significantly more is usually the one who pays. We’ve worked with stay-at-home dads, high-earning moms, self-employed entrepreneurs, and professionals in dual-income homes.

Illinois courts consider:

The difference in each spouse’s annual income and assets
The length of the marriage
Each spouse’s age, health, and future earning potential
Career sacrifices made for the sake of the marriage or family
The standard of living during the marriage
Whether one spouse needs support to become self-sufficient

How The Court Determines The Amount of Maintenance

While no one factor solely determines the outcome for maintenance awards, the court, in reaching a fair result, may weigh certain factors more heavily than others.

If the court determines that maintenance is appropriate using the factors set out above, the court next determines the amount of maintenance.

Guideline Maintenance Before January 1, 2019

Before January 1, 2019, The Illinois Marriage and Dissolution of Marriage Act divided cases into two categories based on income.

Parties that have a combined gross annual income below $500,000 and parties that have a combined gross annual income above $500,000.

If the combined gross annual income is less than $500,000 and the payor has no obligation to pay maintenance or child support from a prior relationship, the court is required to use guidelines set out in the Act.

Maintenance orders entered before January 1, 2019, continue to be eligible for inclusion in the gross income of the receiving spouse for federal income tax purposes and are deductible by the paying spouse.

Guideline Maintenance After January 1, 2019

The Illinois legislature changed the maintenance guidelines effective January 1, 2019, to adapt to the changing tax effect of maintenance payments. Under the current guidelines, an annual maintenance award is calculated by taking 33 1/3% of the supporting spouse’s net annual income minus 25% of the receiving spouse’s net annual income, as opposed to gross income.

Formula Calculating Guideline Maintenance

Under the pre-2019 guidelines, the amount of maintenance is calculated by taking 30% of the supporting spouse’s annual gross income minus 20% of the receiving spouse’s annual gross income.

For example, say the annual gross income of a couple is $200,000. The supporting spouse earns $170,000, and the receiving spouse earns $30,000. The calculation would be as follows:

30% ($170,000) – 20% ($30,000)

$51,000 – $6,000 = $45,000

There is one caveat to the maintenance formula. The award for maintenance plus the gross income of the dependent spouse cannot be in excess of 40% of the combined annual gross income.

40% ($200,000) = $80,000

$45,000 + $30,000 = $75,000

$75,000 < $80000

The calculated maintenance amount of $45,000 plus the $30,000 net income of the dependent spouse is less than 40% of the combined net income of $200,000. Therefore, the Court would then set guideline maintenance to $45,000.

This formula is now used only for modification of awards ordered prior to January 1, 2019. An award of maintenance can be subject to modification in the event of a substantial change in circumstances.

Using the same numbers as above, say the annual net income of a couple is $200,000. The supporting spouse earns $170,000 of that amount, and the dependent spouse earns the remaining $30,000. The formula would be as follows:

33 1/3 % ($170,000) – 25% ($30,000)

$56,610 – $7,500 = $49,110

The resulting amount of maintenance, when added to the net income of the dependent spouse, cannot result in the dependent spouse receiving an amount that is in excess of 40% of the net income of the parties combined.

40% (200,000) = $80,000

$49,110 + $30,000 = $79,110

$79,110 < $80,000

The calculated maintenance amount of $49,110 plus the $30,000 net income of the supporting spouse is less than 40% of the combined net income of $200,000. Therefore, the judge would order $49,110 in maintenance. If greater than 40% of the combined net income, the judge will reduce the maintenance award to the point where the recipients’ total net income would be no greater than 40% of the parties’ combined net income (in this case $80,000.00).

If the court decides to deviate away from this formula, it must state in its written findings the amount of maintenance that would have been required under the guidelines, in this example $49,110, and the reason for varying away from the guidelines.

Duration of Maintenance Payment Period

The maintenance term (either fixed for a period of time or indefinite) is dependent on the length of the marriage. The statutory guidelines require that maintenance continues for a certain percentage of the length of the marriage.

The longer the marriage, the longer the maintenance period.

For marriages of 20 years or longer, the court has the discretion to order maintenance for a period equal to the length of the marriage or for an indefinite period. The chart below lists the number of years of marriage with the corresponding percentage.

Length of Marriage	Percentage
Less than 5 Years	20%
5 years or more but less than 6 years	24%
6 years or more but less than 7 years	28%
7 years or more but less than 8 years	32%
8 years or more but less than 9 years	36%
9 years or more but less than 10 years	40%
10 years or more but less than 11 years	44%
11 years or more but less than 12 years	48%
12 years or more but less than 13 years	52%
13 years or more but less than 14 years	56%
14 years or more but less than 15 years	60%
15 years or more but less than 16 years	64%
16 years or more but less than 17 years	68%
17 years or more but less than 18 years	72%
18 years or more but less than 19 years	76%
19 years or more but less than 20 years	80%

For example, if a couple was married for 10.5 years, the calculation would be:

10.5 x 44% = 4.62 years

Just as with the amount guidelines, the court can deviate from the duration guidelines, but in its written findings the court must state how long the guidelines would normally require maintenance and the reason for deviating.

For example, in In re Marriage of Stam, the court ordered the continuation of maintenance for longer than the spouses’ 5-year marriage because the spouse seeking maintenance was unlikely to ever become self-supporting due to her multiple sclerosis.

Non-Guideline Maintenance

When the annual net income of a couple is greater than $500,000 the court is not required to follow the statutory guidelines.

The court, in its discretion, will make a determination as to maintenance based on the initial factors that determine whether maintenance is appropriate.

In the majority of cases, the court will still rely on the guidelines to make an initial determination. If the court feels that the outcome of the calculation is appropriate and fair, that maintenance amount will be ordered.

If the court feels that it is not appropriate and fair, the court can and will make changes to the award amount as they see fit taking the factors outlined in the law into account.

Modification of Maintenance

Courts have the discretion to modify an existing maintenance order when there is a substantial change in circumstances. A substantial change in circumstances means that either the needs of the receiving spouse or the ability of the supporting spouse to pay maintenance changed. A substantial change in circumstances could result from a change in employment, a change in income, or a change in the health of either party.

Whether or not something constitutes a substantial change in circumstances is the biggest hurdle blocking a modification award. Once the hurdle has been overcome, the court will consider how to modify maintenance. The Illinois Marriage and Dissolution of Marriage Act requires the court, when modifying, to consider the fourteen factors used to determine whether maintenance is appropriate and the following nine factors:

Additional Factors For Modification of Maintenance Include:

Any good-faith changes in employment status of either party – the paying spouse cannot just quit his or her job in an attempt to reduce maintenance;
Efforts made by the receiving spouse to become self-supporting. The recipient spouse is required to make reasonable efforts to become self-supporting, and if the paying spouse can prove the recipient is not doing so, maintenance may be reduced;
Impairment of the present and future earning capacity of either party;
The tax consequences of the maintenance payments upon the economic circumstances of each party;
The duration of the maintenance payments previously (and remaining to be) paid relative to the length of the marriage;
The property awarded to each party in the divorce judgment, and the present status of the property. The award of property in a divorce to the recipient spouse may be used to reduce the amount of maintenance received;
The increase or decrease in each party’s income since the prior judgment or order;
The property acquired and currently owned by each party after the divorce;
Any other factor that the court expressly finds to be just and equitable.

Statutory Maintenance Termination Events

The obligation to pay maintenance terminates automatically in three different circumstances.

The cohabitation of the recipient.
Remarriage of the recipient.
Death of either the payor or recipient.

Cohabitation requires the maintenance recipient to be living with another person on a “resident, continuing conjugal basis.” Unfortunately for payors, courts have very generously interpreted this in favor of recipients, requiring a near-marriage-like situation before terminating maintenance.

If the receiving party plans to remarry, he or she must inform the paying spouse of the decision 30 days before the remarriage to allow him or her time to file a motion to terminate maintenance with the court.

Upon the death of either party, the obligation to pay maintenance terminates. There is no obligation for the estate of the supporting spouse to continue to pay.

The obligation to pay terminates on the date cohabitation begins, the date of remarriage, or the date of death, and the supporting spouse (or their estate) is entitled to reimbursement for all payments made from the date of remarriage, cohabitation, or death. The automatic termination of maintenance in these three scenarios can be modified with a written agreement.

Imputing Income

In certain cases, the court will impute or assign income to one or both of the parties. If a person is earning no income but could earn an income or is purposefully earning less income, the court might determine an income amount for that person to use when computing maintenance.

Imputed income for the purpose of maintenance calculations is appropriate only when the court finds that the supporting spouse is voluntarily unemployed, attempting to avoid a higher support obligation, or has unreasonably failed to take advantage of employment opportunities.

When calculating the amount of income to impute, the court may consider the supporting spouse’s income from previous employment, but if the information is outdated or no longer reflective of income prospects, it should not be used. The court can also impute income onto the recipient spouse.

For example, in a long-term marriage, the court may assign minimum wage to a potential recipient if that person has been out of the workforce for a long time and does not have paid full-time employment.

In another example, the court might impute income to a formerly high-wage earner if that person voluntarily quits their high-paying job and earns much less income.

The court in In re Marriage of Lichtenauer, did this when the husband voluntarily left his corporate position in order to work as a lower-paid employee in an attempt to understate his income. Once the income is imputed, maintenance will be calculated using that income.

Life Insurance may be used to Secure Payment of Maintenance

In general, maintenance obligations are terminated upon the death of either party. However, an untimely death could leave the dependent spouse in a tough financial situation. To prevent this, the court may recommend that the maintenance be secured with a life insurance policy.

While it is within the discretion of the court, it is almost always recommended by the judge and is a common feature in divorce judgments and settlement agreements. If a life insurance policy already exists, the court may order that a portion of the death benefits is assigned to the dependent party and that the dependent party pays a portion of the premium.

If a new life insurance policy is needed, the court may order that two spouses cooperate in obtaining the new policy on the supporting spouse’s life, and the dependent party would own the policy and be responsible for the payments. The death benefits available may be limited as the court sees reasonable based on the ordered maintenance.

Maintenance and Taxation

Similar to child support, maintenance awarded on or after January 1, 2019, is not deductible for the payor and not taxable to the recipient.

Payors of maintenance based on awards before January 1, 2019, may deduct their maintenance payments from gross income for income tax purposes, and recipients must claim the maintenance payments as additional gross income.

The taxability and deductibility of maintenance payments can be modified if stated in the applicable judgment or court order.

Waiver of Maintenance

In some cases, a potential recipient may waive maintenance. If that happens, the waiver is binding forever. The waiving party cannot seek maintenance (even for very good reasons) at any point in the future.

For example, the wife in In re Marriage of Berger sought the invalidation of the waiver provision in a signed prenuptial agreement believing the vast difference between the net worth of the two parties made it unfair, but the court found that the agreement was still valid and binding on the parties.

Parties may waive maintenance as part of a marital settlement agreement – for example, one party might give more assets to the other to secure a “buy-out” of maintenance. The recipient party would then waive any claim to maintenance.

The maintenance payor typically waives any claims to maintenance (as the trial court would almost certainly deny a maintenance claim from the party with higher income in any event).

Reservation of Maintenance

Parties may opt to reserve the decision of maintenance. This means the issue is not decided and can be determined at some point in the future.

This may be appropriate in cases where an unforeseen but temporary event affects the income of one or both parties such that awarding maintenance at the time the case is resolved may not be in the interest of either party. In that case, the terms of the judgment control insofar as how long a reservation lasts (they can be time-limited) and what other terms govern reservation.

How to File for Spousal Support

Asking for financial support during divorce isn’t easy. It can feel uncomfortable, especially if you’ve spent years putting someone else’s career or needs ahead of your own. But support exists for a reason: to give you space to rebuild. Here’s what the process looks like:

You Must Raise the Issue During the Divorce: Once the divorce is finalized, it’s too late. If you’re unsure whether you’ll need support, bring it up early: your attorney can help you protect that option without escalating conflict.
You File a Motion with the Court: This is the formal request for financial help. It can be filed at the beginning of the case or later on, but it has to happen before the final judgment. If you’re already struggling financially, your attorney may also file for temporary support to cover immediate needs.
You’ll Need to Show the Numbers: The court can’t make an informed decision without a full financial picture. That means providing income, expenses, assets, and debts. The more accurate the information, the stronger your position.
Some Cases Follow a Formula: Illinois uses a statutory formula if your combined income is under $500,000 and no one is supporting a previous spouse. Over that limit, the court has more discretion. In both cases, presenting the story behind the numbers matters just as much as the numbers themselves.
Support Can Be Negotiated or Decided in Court: If both sides can agree on terms, the divorce process moves faster. If not, a judge will decide. Either way, it must be part of your final divorce order to be enforceable.

You might receive temporary help while the divorce is ongoing, support for a fixed amount of time, or (in rare cases) longer-term spousal maintenance. What’s appropriate depends on income, sacrifices made during the marriage, and your reasonable ability to become financially independent.

Can You Modify a Spousal Support Order After It’s Issued?

Yes, but only under the right circumstances such as job loss, health concerns, or change in income. Illinois courts won’t modify support just because you’re unhappy with the terms. There needs to be a substantial change.

What Qualifies as a “Substantial Change”?

Illinois courts won’t modify support just because you’re unhappy with the terms. There needs to be a meaningful shift in circumstances, like:

A job loss or major drop in income
A significant promotion or pay increase
Retirement (planned, not early or strategic)
Health issues that affect earning ability
The recipient spouse becoming financially independent
Remarriage or cohabitation (which can terminate support)

The change must be ongoing and must directly impact the need for support or the ability to pay.

How the Process Works

To request a modification, your attorney files a petition with the court. You’ll need to present updated financial documents and evidence of the change. The court will review the facts and decide whether to increase, reduce, extend, or end the support order.

Can You Prevent Future Modifications?

Sometimes. If your divorce judgment includes non-modifiable spousal maintenance, the terms are locked in, no matter what changes down the line. These clauses are common in negotiated agreements and should be entered into with care: once it’s in writing, it’s difficult to undo.

How Does Remarriage Affect a Spousal Support Order in Illinois?

In Illinois, remarriage ends spousal maintenance payments automatically. There’s no hearing, no debate, and no need for court approval. The financial obligation ends the moment the marriage is legal.

What You Need to Know If You’re the Payor Spouse

If your former partner remarries, you can stop spousal support payments, but only from that date forward. You’re still responsible for any missed or unpaid support that built up before the remarriage. That’s why it’s important to stay current and confirm the marriage date. Your attorney can help file a motion to officially terminate the order and protect you from future claims.

What If You’re the Recipient?

Once you remarry, the support stops. Even if you separate or divorce again later, you can’t go back and reopen the original support order. If you’re considering remarriage and rely heavily on support, talk to your attorney before making any decisions.

It is important to note that if you’re living with someone in a relationship that resembles marriage (without a legal ceremony) your maintenance payments can also be terminated. Illinois courts look at shared finances, joint expenses, and daily life together. It’s called cohabitation, and it carries just as much weight as remarriage in these cases.

Speak to an Illinois Spousal Support Lawyer Today

Spousal support can impact your life long after the divorce is final. Whether you’re seeking support, preparing to pay, or facing changes that affect an existing order, you deserve an outcome that reflects your real financial situation.

At STG Divorce Law, we can help you negotiate an alimony arrangement that reflects your contribution to the marriage or your ability to pay. Contact us today to schedule a confidential consultation.