When couples in Chicago file for divorce, judges often have to make a decision about whether to award spousal maintenance, which is also known as alimony. As many Chicago residents know, Illinois recently changed a number of its laws related to divorce and family law, and those amendments included a new formula for calculating spousal maintenance.
While the use of such a formula should disabuse people of the notion that one of the parties—namely, the payee spouse—is making out much better in the divorce than the payor spouse, a recent article in The Atlantic addresses this common misconception as well as some others. In short, neither spouse typically is the “winner” in a divorce, and it is important to think carefully about financial implications before you dissolve your marriage.
One of the most frequent misconceptions about spousal maintenance and divorce is that stay-at-home moms tend to receive a lot of money through child support and spousal maintenance payments. Indeed, as the article explains, there is “a common perception that women siphon off the wealth of their exes and go on to live in comfort.” For an overwhelming majority of divorced couples, this is simply not a reality.
Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), judges are asked to consider a number of factors in deciding whether or not to award alimony (spousal maintenance is not simply a given in every divorce). Some of the factors that judges consider in making this decision include, but are not limited to:
Once a judge decides that spousal maintenance is appropriate, assuming that the couple’s combined income is under $250,000 per year, the judge can rely on the new spousal maintenance formula, which involves a basic calculation (and is an objective one). You can use the Maintenance Calculator at www.FamilyLawAdvocate.com for guidance.
Why, then, do some commentators continue to suggest that payee spouses—often women who have stayed at home with children—are the “winners” in divorces in which spousal maintenance is awarded? While we cannot say for certain why this myth persists, the article does make clear that “women who worked before, during, or after their marriages see a 20 percent decline in income when their marriages end.”
This statistic comes from the research of Stephen Jenkins, a professor of economics at the London School of Economics. In addition to women seeing a salient decline in their incomes after divorce, Jenkins’s research also notes that men, who are typically the payor spouses, “tend to see their incomes rise more than 30 percent post-divorce.” And for another sobering fact to dispel this misconception about spousal maintenance and divorce, “the poverty rate for separated women is 27 percent, nearly triple the figure for separated men.”
In other words, spousal maintenance is aimed at helping payee spouses to get back on their feet after a divorce and to get into a position where they can begin earning enough money to support themselves. Spousal maintenance, or alimony, is often essential for spouses who have forgone certain educational or career opportunities in order to support the other spouse or to raise the couple’s children.
In Illinois, the determination of spousal maintenance, also known as alimony, involves a comprehensive assessment of several key factors that the courts take into account to ensure a fair outcome. These factors include:
Courts generally assess how long the couple has been married, as longer marriages may justify a greater need for ongoing financial support.
The financial situation of both spouses is evaluated, including their individual incomes, expenses, and overall financial requirements to maintain a comparable standard of living.
Courts aim to maintain the lifestyle that both parties enjoyed during the marriage, taking into account housing, amenities, and other factors that contributed to their quality of life.
This considers both financial contributions (such as earnings) and non-financial contributions (such as homemaking and childcare). Courts recognize that both spouses may have contributed differently to the marriage’s success and stability.
The physical health and age of each spouse play a crucial role, particularly if they affect the ability to earn an income. Courts evaluate whether either spouse is at a disadvantage due to age or health issues.
In determining the amount of spousal maintenance, Illinois employs a specific formula for couples with a combined gross income of less than $500,000 annually. This formula is as follows:
Calculate 33.3% of the paying spouse’s net income and subtract 25% of the receiving spouse’s net income. It’s important to note that the total amount of maintenance awarded cannot exceed 40% of the combined net income of both spouses. For couples whose combined income exceeds $500,000, judges have the discretion to determine what constitutes a fair maintenance amount, which may involve a more individualized approach depending on the couple’s unique circumstances.
The duration of spousal maintenance payments is directly related to the length of the marriage. Specific guidelines include:
Less than 5 years – Maintenance is typically awarded for 20% of the duration of the marriage.
5 to 10 years – Maintenance is generally set for 40% of the marriage length.
10 to 15 years – Maintenance may last for 60% of the length of the marriage.
15 to 20 years – Maintenance is often awarded for 80% of the marriage length. –
Over 20 years – In these cases, courts may award indefinite maintenance or payments that equal the entire length of the marriage, recognizing the long-term commitment involved.
Spousal maintenance can be modified under certain circumstances if there has been a significant change in either spouse’s situation. Common reasons for modification include:
Such modifications need to be substantiated with evidence in court, prompting a reevaluation of the original maintenance agreement.
Yes, spousal maintenance payments automatically terminate if the recipient spouse remarries or begins a cohabitation arrangement in a conjugal relationship with a new partner. This is based on the understanding that a new marital relationship introduces a support system that alleviates the need for maintenance from the former spouse.
Since the tax reforms enacted in 2019, spousal maintenance payments no longer have tax implications for either party. Specifically, they are not tax-deductible for the payer, meaning that the paying spouse cannot reduce their taxable income by the amount of alimony they pay. In turn, the recipient spouse does not list these payments as taxable income, simplifying tax considerations for both parties. This change has led to a more straightforward understanding of the financial responsibilities related to spousal maintenance.
If you are considering divorce and have questions about spousal maintenance, an experienced family lawyer in Chicago can assist you. Contact Gordon & Perlut, LLC today at 312-360-0250 to learn more about how we can help.
(Updated 4/21/2025)