By Susan Buckner, J.D. | Legally reviewed by Susan Buckner, J.D. | Last reviewed June 11, 2024
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In Illinois, spousal maintenance awards help lower-earning spouses support themselves after divorce. Spousal support isn’t guaranteed in a divorce, but judges can award financial support when appropriate.
The 2022 revised Illinois Marriage and Dissolution of Marriage Act changed the existing Act. Most changes only affect maintenance payments if the couple also has minor children or needs help paying for an attorney.
Before ordering spousal support payments, judges review the marital circumstances to see if either party needs support. Some situations that may warrant a support order include:
Income disparity between the spouses: If one spouse has a higher net income than the other at the time of the divorce, the judge may order that spouse to pay support until the receiving spouse improves their financial status.
Stay-at-home parent: If one spouse has been away from the job market because they were the primary homemaker, courts may order spousal maintenance payments to prevent disruption in the children's lives while the parent acquires the education or job skills necessary to reenter the job market.
Economic hardship: A spouse who has difficulty becoming self-supporting due to disability, age, or other factors may receive alimony payments.
In some high-net-worth dissolutions, where both parties have substantial assets or income sources, spousal support may be part of the settlement agreement to equalize the property division.
Once the court decides that maintenance payments are necessary, it considers specific factors in the case that will affect the amount and duration of payments, including:
Courts base maintenance on the length of the marriage and the gross annual incomes of the parties. In general, long-term marriages receive long-term support. Marriages over 20 years in length may receive indefinite alimony at the judge's discretion.
Guideline maintenance is ordered when the combined annual gross income of the parties is less than $500,000, and the payor spouse has no child support or other obligations from a previous relationship. The amount is 33% of the payor's net annual income minus 25% of the payee's net annual income. The amount may not be over 40% of the combined net income of both parties.
Non-guideline maintenance is ordered if the combined gross annual income is over $500,000 or the payor has other support payments. Judges base the amount on other factors without consideration for the party's income.
The duration of the award is calculated based on the length of the marriage at the time of divorce, multiplied by a percentage that increases from 20% for a marriage under five years to 80% for a marriage of 19 years. Marriages longer than 20 years may receive lifetime or indeterminate alimony.
Fixed-term maintenance lasts for a set period of time. The court order should state when the alimony ends. Payments cannot extend past that date.
Indefinite maintenance has no end date. Support payments continue until the termination or modification of the support.
Reviewable maintenance is subject to judicial review after a certain time has passed. The judge may continue or terminate the support after the review ends.
Spousal maintenance may end or change when there is a significant change in circumstances for either the payor or the payee. Job loss, health problems, or unexpected financial issues may qualify for modification of maintenance payments.
Death or remarriage of the payee spouse automatically terminates spousal maintenance. Cohabitation with a new partner may end spousal maintenance.
Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decisions.
The Illinois divorce process allows courts to examine many factors when awarding alimony. If you need legal advice about your divorce and spousal maintenance, find an experienced Illinois divorce attorney near you.
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