How Long is Spousal Maintenance Paid in Illinois?
By: Gordon & Perlut, LLC
Divorce can have a devastating impact on your finances. Particularly if you relied on your spouse in meeting monthly expenses, getting used to living on your own often proves challenging. Spousal maintenance, otherwise known as alimony in Illinois, can help you make the adjustment. Our Chicago and Evanston family law attorneys explain who may be entitled to spousal support payments and how long you can expect it to last.
When going through a divorce in Cook County, getting the maximum amount you are entitled to in any final orders is a top priority. Depending on the circumstances, this may include spousal support payments. Spousal maintenance can help you maintain your standard of living after divorce or gain the education, experience, or skills needed to reenter the workforce. Factors that will influence whether you are entitled to spousal maintenance include:
The Illinois Statutes (750 ILCS 5/504) contain guidelines for spousal support payments, which are generally based on the length of time you were married. For example, if you were married for five years, you may be entitled to a year of spousal support.
The percentage increases the longer you and your spouse were together, so for 10 years, you may receive four years of support; for 15 years, you may be entitled to 10 years of payments. Once you reach 20 plus years, you are generally able to collect spousal maintenance for the same amount of time as you were married.
In some cases, the court will deviate from these guidelines. Based on your circumstances, the judge may instead order one of the following:
Spousal maintenance is a court-ordered payment from one ex-spouse to another after a divorce. Its purpose is to help the lower-earning spouse maintain financial stability, particularly if they sacrificed career opportunities or income during the marriage. Maintenance is gender-neutral; either spouse may be eligible depending on the circumstances.
Maintenance is not automatically granted. The court first assesses whether it is appropriate based on several factors:
Marital misconduct (e.g., infidelity) is not considered when determining maintenance.
Illinois uses a standardized formula for most cases where the combined gross income is under $500,000 and there are no prior support obligations. The formula is as follows:
Maintenance = 33.33% of the payor’s net income – 25% of the recipient’s net income. However, the recipient’s total income (including maintenance) cannot exceed 40% of the combined net income of both parties.
The duration of maintenance is based on the length of the marriage, using a multiplier system: – Less than 5 years: Multiply years by 0.20 – 5–6 years: Multiply by 0.24 – 6–7 years: Multiply by 0.28 – And so on, increasing by 0.04 each year – 20+ years: The court may order maintenance for a duration equal to the length of the marriage or indefinitely For example, a 10-year marriage might result in 4 years of maintenance (10 × 0.40).
Yes, maintenance can be modified if there is a substantial change in circumstances, such as job loss, retirement, or a significant increase in income. It can be terminated if:
Yes, spouses can agree to waive maintenance in a prenuptial or divorce agreement. However, this waiver must be voluntary and informed, and courts may reject it if it is deemed unconscionable.
As of 2019, under federal law, maintenance payments are not taxable to the recipient and are not deductible by the payor. This change applies to divorce agreements finalized after January 1, 2019. Illinois follows the federal tax treatment for maintenance.
If a court has ordered maintenance and the payor fails to comply, the recipient can seek enforcement through the court. Remedies may include wage garnishment, contempt proceedings, or property liens.
To find out more about spousal maintenance and to ensure you get the total amount you deserve, reach out to Gordon & Perlut, LLC. Call the Chicago family law attorneys at Gordon & Perlut, LLC at 312-360-0250 to discuss your case during a free, no-obligation consultation today.