Divorce is a complex process, especially when a long-term marriage and significant financial assets are involved. In Illinois, spousal support—also known as maintenance or alimony—is often a key issue in high-net-worth divorces. The duration of the marriage plays a major role in determining whether maintenance is awarded, how much is granted, and for how long. For individuals who have been married for 20 years or more, Illinois law allows for permanent or long-term maintenance, depending on the circumstances.
Under 750 ILCS 5/504, courts consider several factors when awarding maintenance, including the length of the marriage, the standard of living established during the marriage, the income and assets of both spouses and the ability of each spouse to maintain their lifestyle post-divorce. In high-net-worth divorces, these considerations become even more significant because one spouse may have relied on the other for financial stability over decades.
Illinois law follows specific guidelines for determining the duration of spousal support based on the length of the marriage. Under 750 ILCS 5/504(b-1)(1)(B), the longer the marriage, the greater the percentage of time that maintenance may be required. If the marriage lasted 20 years or more, the court may order permanent maintenance or an award equal to the length of the marriage.
In high-asset divorces, courts assess the standard of living that was established during the marriage. A spouse who has been financially dependent for years may argue for significant maintenance to maintain a comparable lifestyle. Courts look at factors such as luxury homes, private investments, business ownership, and high-earning careers when determining an appropriate award.
When one spouse earns significantly more than the other, courts consider whether the lower-earning spouse can support themselves post-divorce. Illinois law requires courts to evaluate earning potential, employment history, and financial resources before deciding on long-term maintenance.
If the paying spouse reaches retirement age, they may petition the court to modify or terminate maintenance under 750 ILCS 5/510(c). Courts will consider whether retirement was voluntary and whether the receiving spouse still needs support.
Under 750 ILCS 5/510(b), maintenance ends if the recipient remarries or cohabitates with a new partner. If a former spouse enters a financially supportive relationship, the paying spouse can seek a termination of maintenance.
Illinois uses a formula based on income, but courts have discretion in high-net-worth cases to deviate from the formula if applying it would be unfair.
If a marriage lasted 20 years or more, the court may award maintenance or support for an indefinite period of time.
If a former spouse fails to comply with a court-ordered maintenance agreement, legal action such as wage garnishment or contempt proceedings may be necessary.
Yes, under 750 ILCS 5/510, maintenance can be modified or terminated if there is a substantial change in circumstances, such as job loss or retirement.
Yes, if a valid prenuptial agreement specifies spousal support terms, Illinois courts typically enforce those provisions unless found to be unconscionable.
If a spouse owns a business or professional practice, its value and income potential will factor into the court’s maintenance determination.
Yes, a former spouse can petition for an increase in maintenance if they experience a significant decline in health that affects their ability to work.
Spousal support in high-net-worth divorces is complex, especially after long-term marriages. Courts evaluate many factors, and having experienced legal representation is critical to protecting your financial future.
At Gordon & Perlut, LLC, we advocate for clients facing spousal support disputes and high-net-worth divorces. Whether you need to secure a fair maintenance award or protect your assets, we are here to help.
Contact our Skokie divorce attorneys at Gordon & Perlut, LLC by calling our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101 to schedule a consultation. We represent clients throughout Illinois and provide strategic legal solutions in high-asset divorce cases.