Understanding Maintenance (Alimony) in Illinois: Who Pays, How Much, and for How Long

Key Insights:

• Spousal maintenance isn’t automatic in Illinois. Courts award spousal maintenance only when there’s genuine financial need, and the other spouse has the ability to pay. Getting divorced doesn’t guarantee you’ll pay or receive support.
• Illinois uses a formula to calculate maintenance. To calculate maintenance, take 33.3% of the higher earner’s net income and subtract 25% of the lower earner’s net income. The recipient cannot receive more than 40% of the couple’s combined net income.
• Duration of maintenance depends on marriage length. The longer you were married, the longer spousal maintenance can last. A 5-year marriage might mean 14 months of payments. A 10-year marriage means about 4.4 years. Marriages of 20 years or longer may result in permanent support.
• Spousal maintenance ends automatically in three situations. Maintenance in Illinois typically ends when the recipient remarries, dies, or begins living with a new partner in a marriage-like relationship. 

 If you’re facing divorce in Illinois, one of your biggest questions is probably about spousal maintenance (alimony): Will you have to pay it? Will you receive it? How much, and for how long?

The good news is that Illinois has clear guidelines for calculating spousal support. But those guidelines are complex and involve formulas and exceptions that can feel overwhelming when you’re already stressed. Our Illinois alimony guide walks you through everything you need to know when you’re going through a divorce.

How Spousal Maintenance Works in Illinois

Illinois calls alimony “spousal maintenance” or “spousal support,” but it’s the same thing: money one spouse pays to the other after a divorce. The purpose is to help the lower-earning spouse maintain a reasonable standard of living and avoid financial hardship while they get back on their feet.

Alimony isn’t automatic. Courts in Illinois award maintenance only when there’s a genuine financial need, and the other spouse is able to pay. And the law is gender-neutral, so either spouse can receive support regardless of who filed for divorce. 

Think of alimony as a financial bridge that recognizes marriages often involve one spouse making career sacrifices with lasting financial consequences.

Who Pays Maintenance?

The higher-earning spouse typically pays alimony to the lower-earning spouse. But courts don’t just consider your paychecks. Illinois law (750 ILCS 5/504) requires judges to look at several factors before awarding spousal support:

• Each spouse’s income and property
• The financial needs of both parties
• Earning capacity now and in the future
• The standard of living established during the marriage 

The courts will also consider whether one spouse sacrificed education or career opportunities because of the marriage. This is often the case when one spouse decides to stay home to raise the children.

How Much Is Spousal Maintenance in Illinois?

Illinois calculates alimony using a specific formula: take 33.3% of the higher earner’s net annual income and subtract 25% of the lower earner’s net annual income to arrive at the final amount. But there’s also a cap to stop the recipient from receiving more than 40% of the couple’s combined net income.

Here’s an example. Let’s say you earn $100,000 net and your spouse earns $40,000 net. The formula says you’d have to pay $23,300 yearly ($1,942 monthly) to your spouse. But your spouse’s total income would then be $63,300 ($40,000 + $23,300), which is 45% of your combined income of $140,000. Since that exceeds the 40% cap, the court reduces your payment to about $16,000 (annually) instead. 

Judges have discretion to set different alimony amounts and durations, but they must explain their reasoning in writing. Bear in mind the formula only applies when your combined gross income is under $500,000, and you don’t already pay support from a previous marriage. If the combined family income exceeds $500,000 the court will determine alimony based upon the various statutory factors found in 750 ILCS 5/504 

How Long Does Maintenance Last?

The duration of alimony in Illinois is directly tied to how long you were married, under 750 ILCS 5/504(b-1)(1)(B). Illinois calculates the length of your marriage from the day you were married (or entered a civil union) until the day you or your spouse filed the legal petition for divorce or separation.

Illinois Maintenance Duration Chart 

Note that “permanent” doesn’t always mean forever; if the recipient remarries or begins cohabitating with a new partner, alimony will stop.

Types of Spousal Maintenance in Illinois

Illinois recognizes five different types of spousal maintenance, and understanding which one applies to your situation helps you know what to expect:

Temporary maintenance. This supports a spouse only while the divorce is pending in court. Once the judge finalizes your divorce, temporary support ends and is either replaced by one of the post-divorce types (below) or by no alimony at all.

Fixed-term maintenance. The court sets a specific end date based on your marriage length, and when that date arrives, payments stop permanently.

Reviewable maintenance. This works like fixed-term support with one major difference: the court will revisit the arrangement at a future date to determine if the recipient still needs financial help.

Permanent or indefinite maintenance. Permanent maintenance typically applies to marriages of 20 years or more. Despite the name, it ends when the recipient remarries, dies, or begins living with a new partner in a marriage-like relationship.

Lump-sum maintenance. Instead of monthly checks, the paying spouse makes one large lump-sum payment that covers the entire obligation upfront. This type can only be done by agreement. Alternatively in lieu of maintenance a party will pay a larger percentage of the property.

When Does Maintenance End or Change?

Maintenance automatically ends when either party dies, the receiving spouse remarries or enters into a new relationship that is a serious and committed relationship. For other situations, you’ll need court approval to modify payments. Substantial changes like job loss or retirement may qualify, but courts usually won’t reduce payments if you voluntarily take a lower-paying job. They’ll base your obligation on earning capacity and not income.

Alimony in Illinois no longer pauses during incarceration due to an important 2025 law change. Under the Public Act 103-967 (effective Jan. 1, 2025), payments continue to accrue as arrears. If incarceration affects your ability to pay, you must petition the court for modification rather than simply stopping payments.

Frequently Asked Questions About Maintenance (Alimony) in Illinois

How is alimony calculated in Illinois? 

For families whose combined gross income is under $500,000, Illinois uses a formula to figure out alimony. To get the yearly alimony amount, take about one-third of the higher earner’s net income and subtract about one-quarter of the lower earner’s net income. The court also caps alimony so the person receiving support doesn’t end up with more than 40% of the total combined income.

How long does alimony last in Illinois? 

The duration of alimony is determined by how long you were married. Shorter marriages mean shorter payments. If you were married for three years, expect alimony for about seven months (20% of the marriage). Eight years of marriage equals roughly 2.9 years of payments. In marriages of 20 years or longer, alimony can last as long as the marriage itself or even indefinitely.

Does adultery affect spousal maintenance in Illinois? 

Cheating doesn’t reduce or increase what you pay or receive. Illinois courts aren’t interested in punishing spouses or rewarding faithful ones. Marital misconduct only becomes relevant if someone spent significant marital funds on the affair, which falls under asset dissipation and can affect property division.

Is alimony taxable in Illinois? 

Alimony is no longer taxable for recent divorces. Alimony orders from 2019 forward are tax-neutral, which means that the paying spouse gets no deduction, and the receiving spouse owes no taxes on it. Older agreements finalized before 2019 still follow the previous rules, under which it was taxable income for recipients and deductible for payers.

What happens to alimony if I lose my job? 

If you’ve lost your job, file a modification petition immediately. Payments don’t pause on their own. If you were laid off or fired, courts may reduce or temporarily suspend your obligation while you search for work. If you quit voluntarily or were fired for cause, it may be more challenging to convince a judge to lower your payments. Keep documentation of your job search effort, as you’ll need to prove that you’re looking for work.

Get the Support You Deserve from Peskind Law Firm

Figuring out spousal maintenance in Illinois can feel overwhelming when you’re already dealing with so much. But you don’t have to struggle through this alone. Your situation deserves individual attention from an attorney who understands both the law and what you’re going through.

At Peskind Law Firm, our team approach gives you access to an experienced legal team who analyze financial details and a certified divorce coach who helps set realistic goals. With over 50 years of combined experience handling complex support cases across DuPage, Kane, and Cook Counties, we’ve seen (and resolved) nearly every alimony scenario. 

Contact us today to schedule a consultation. We can review your specific circumstances and help you understand exactly where you stand.

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