Under Part V of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/), in order to get spousal maintenance—also known sometimes as spousal support or alimony—the spouse who wants to get it needs to ask for it specifically. Once a spouse requests maintenance, typically as part of a divorce proceeding, the first issue the court needs to decide is whether maintenance is appropriate. To determine whether maintenance is appropriate, the court considers many different factors. Those statutory factors may include, for example:
The statute also lists additional factors that the court can consider in determining whether spousal maintenance is appropriate. Once the court decides that a maintenance award is appropriate, then it must determine the amount and duration of that award
Under Illinois law, if a couple earns a combined gross income of less than $500,000, then the court typically uses formula guidelines for calculating the amount of a spousal maintenance award. Here is how that calculation works:
For example, if the paying spouse has an annual net income of $100,000, and the receiving spouse has an annual net income of $40,000, here is how the calculation would work:
That $23,000 spousal maintenance award usually would get divided into equal monthly amounts.
Yes. When a married couple is getting divorced, one of the parties can seek an interim award. In determining whether an interim award is appropriate, the court will consider many of the same factors listed above.
When you are considering divorce or are in the process of getting divorced, the topic of spousal maintenance can be complex and frustrating. For anyone who has questions about obtaining spousal maintenance, the process for seeking support can feel confusing. For a spouse who has concerns about paying spousal maintenance, it can be difficult to find clear answers to questions about alimony. The following are some frequently asked questions we receive concerning spousal maintenance, along with answers to those questions from our spousal maintenance lawyers.
Illinois courts determine spousal maintenance (formerly called alimony) under 750 ILCS 5/504. The statute directs the court to consider all relevant factors before awarding maintenance, including:
Maintenance is not automatic — it must be affirmatively sought and supported by evidence. Arami Law prepares comprehensive financial presentations that make the case for the maintenance award our clients deserve.
When the combined gross income of the spouses does not exceed $500,000 and no multiple family situation exists, Illinois uses a formula-based approach to calculate guideline maintenance:
Amount: 33.33% of the payor’s net annual income minus 25% of the recipient’s net annual income. The amount awarded cannot cause the recipient’s total income to exceed 40% of the combined net income of both parties.
Duration: The length of maintenance follows a multiplier based on the length of the marriage:
• Marriages under 5 years: 0.20 × marriage length
• 5–10 years: 0.40 × marriage length
• 10–15 years: 0.60 × marriage length
• 15–20 years: 0.80 × marriage length
• 20+ years: permanent or for the length of the marriage (court’s discretion)
These guidelines serve as a starting point. Judges retain discretion to deviate from the formula based on the equities of the specific case. Having a skilled attorney who understands both the formula and the arguments for deviation is essential.
Spousal maintenance in Illinois is modifiable if there has been a substantial change in circumstances. Common grounds for modification include:
If you are currently paying maintenance and believe circumstances have changed substantially, Arami Law can help you petition for a reduction or termination. If you are receiving maintenance and believe your ex-spouse’s financial situation has improved, we can help you seek an increase.
Illinois courts determine spousal maintenance under 750 ILCS 5/504. The court considers all relevant factors before awarding maintenance, including each spouse’s income and earning capacity, the standard of living established during the marriage, the duration of the marriage, any impairment of earning capacity resulting from foregoing employment during the marriage, the time needed for the recipient spouse to become self-supporting through education or training, each party’s age and physical condition, and contributions to the other spouse’s education or career.
Maintenance is not automatic — it must be affirmatively sought and supported by evidence. Arami Law prepares comprehensive financial presentations to make the strongest possible case for the maintenance award our clients deserve, or to minimize an unjustified claim against our clients.
When combined gross income does not exceed $500,000, Illinois uses a formula to calculate guideline maintenance. The amount is 33.33% of the payor’s net annual income minus 25% of the recipient’s net annual income — but the total cannot cause the recipient’s income to exceed 40% of combined net income. The duration uses a multiplier tied to the length of marriage: 0.20 for under 5 years, 0.40 for 5-10 years, 0.60 for 10-15 years, 0.80 for 15-20 years, and permanent or length-of-marriage for 20+ years. Judges retain discretion to deviate from these guidelines. Having an attorney who understands both the formula and the arguments for deviation is critical.
Spousal maintenance in Illinois is modifiable upon a substantial change in circumstances, including significant income changes, the recipient remarrying (which automatically terminates maintenance), the recipient cohabitating in a conjugal relationship, changes in health or employment status, or retirement of the payor spouse. Whether you are seeking to reduce maintenance you are paying or defend against a reduction in what you receive, Arami Law provides experienced representation in Cook County court proceedings. We also handle cases where one spouse seeks to terminate maintenance that was awarded indefinitely, building the factual record necessary to meet the legal standard for termination.
