What to Know About Spousal Maintenance in an Illinois Divorce 

 Posted on April 03, 2025 in Spousal Maintenance

Spousal maintenance, commonly known as alimony, is money that one spouse is ordered to pay the other during or after a divorce. Maintenance is not automatic. Courts decide whether a spouse will pay it to the other, and how much it will be, based on several factors detailed below.

Do you have questions about spousal maintenance? Our dedicated Illinois family law attorneys regularly handle spousal maintenance matters and always seek the most equitable and workable solutions. We can answer all of your spousal maintenance questions during a free consultation.

How Is Spousal Maintenance Determined?

Illinois courts consider whether one party should receive spousal maintenance by reviewing the factors listed in the Illinois Marriage and Dissolution of Marriage Act. Important factors include: 

• Each spouse’s income, property, and financial needs.

• The standard of living during the marriage.

• The duration of the marriage.

• Each spouse’s age, health, and earning capacity.

• Whether one party contributed to the other’s education or career.

• Any agreements between the spouses, such as a prenuptial agreement.

How Is Spousal Maintenance Calculated in Illinois?

Illinois law outlines how spousal maintenance is calculated by detailing what the judge should consider when deciding the award. These decisions include the spouses’ gross income and the length of their marriage. Whether or not spousal support is granted is based on factual findings.

According to the law, when the family court determines there should be maintenance, and when the combined gross income of both spouses is below $250,000, the amount should be 33.3 percent of the paying spouse’s gross income minus 25 percent of the receiving spouse’s gross income. Once the maintenance award is determined, when added to the receiving spouse’s gross income, it cannot exceed 40 percent of the spouses’ combined net income.

How long spousal support lasts depends on the length of the marriage. For example, if a marriage lasted up to five years, the courts will multiply the number of years by .20 and that will be how long spousal support payments last. For a marriage that lasted 20 years or more, the court might order maintenance to last for as long as the marriage did or indefinitely. Every number of years a marriage lasts is allocated its own value for spousal maintenance calculations. An experienced DuPage County, IL family law attorney can help you understand the calculations and answer your questions.

Maintenance Is Not Usually Permanent 

Most courts do not order permanent spousal maintenance unless the marriage was particularly long and one of the spouses cannot support themselves. Divorces for shorter marriages almost always get a fixed-term spousal maintenance award.

Maintenance agreements can also be modified after the divorce is finalized. This can be particularly relevant if circumstances change significantly, for example, if one spouse has received a big promotion, lost their job, or developed a disability.

Contact a DuPage County, IL Divorce Lawyer

Spousal maintenance and support can be confusing and divisive in an Illinois divorce. However, an experienced Wheaton, IL family law attorney from Davi Law Group will bring peace of mind by answering your spousal maintenance questions. Our attorney spent several years as an Assistant State’s Attorney in DuPage County before starting his family law firm and his relevant experience can benefit every divorce client. Call 630-657-5052 now to set up a free consultation.