A common question during a Chicago divorce is whether you will receive spousal support or alimony after your marriage ends. In Illinois, this support is called maintenance, and it is not automatically given just because one spouse earns more. The court first looks at both spouses’ financial situations and several legal factors to decide if maintenance is appropriate.
Only then does the court decide the amount and duration. If you left your job, worked less to care for children, supported your spouse’s career, or became financially dependent during a long marriage, maintenance may play a big role in your divorce. We help clients understand if they might qualify and what Illinois courts consider in these decisions.
Illinois Courts Must First Decide Whether Maintenance Is Appropriate
Illinois maintenance law is primarily governed by 750 ILCS 5/504 of the Illinois Marriage and Dissolution of Marriage Act.
Section 504(a) requires the court to determine whether maintenance should be awarded before applying any guideline calculation. The court may award maintenance to either spouse, and the decision is made without regard to marital misconduct. This means that maintenance generally is not intended to punish a spouse for causing the marriage to fail.
Instead, the court evaluates the parties’ economic circumstances and whether financial support is justified after the marriage ends.
What Factors Determine Whether I Receive Maintenance?
According to 750 ILCS 5/504(a), the court must look at all relevant details. Key factors include each spouse’s income and property, their needs, and what they can earn now and in the future.
The court can also consider whether one spouse’s earning capacity was impaired because that spouse devoted time to domestic responsibilities or gave up education, training, employment, or career opportunities because of the marriage.
Likewise, the court may consider whether one spouse contributed to the other spouse’s education, training, career, or earning potential.
Other considerations include the length of the marriage, the spouses’ ages and health, their occupations and employability, sources of public or private income, tax consequences of the property division, and the standard of living established during the marriage.
No single factor guarantees an award. We look at the overall financial picture rather than simply comparing salaries.
A Large Income Difference Does Not Automatically Guarantee Support
Suppose one spouse earns $200,000 per year while the other earns $60,000. The income difference is certainly relevant, but it does not automatically establish entitlement to maintenance.
The court might also consider whether the lower-earning spouse received substantial income-producing property, has significant nonmarital assets, can reasonably increase earnings, or has financial needs that can be met without maintenance.
On the other hand, the case for maintenance may be considerably stronger when the lower-earning spouse has been outside the workforce for many years, has limited earning potential, or sacrificed career development to raise children or support the household.
We therefore evaluate income disparity together with the other Section 504 factors.
How Illinois Calculates Guideline Maintenance
If the court first determines that maintenance is appropriate, Illinois may apply a statutory guideline formula.
Under 750 ILCS 5/504(b-1), guideline maintenance generally applies when the spouses’ combined gross annual income is less than $500,000, and the spouse who would pay maintenance has no obligation to pay child support or maintenance from a prior relationship, unless the court finds that applying the guidelines would be inappropriate.
The current formula calculates maintenance by taking:
33 1/3% of the payor’s net annual income, minus 25% of the recipient’s net annual income.
There is also a statutory ceiling. After maintenance is added to the recipient’s net income, the recipient generally cannot receive more than 40% of the parties’ combined net income under the guideline calculation.
Because the formula uses statutory net income rather than simply the amount shown on a paycheck, accurate financial information is important.
What Happens When The Guidelines Do Not Apply?
Cases involving higher-income spouses can become more complicated.
If the parties’ combined gross annual income reaches or exceeds the statutory threshold, or the payor has qualifying prior support obligations, the guideline formula does not necessarily control the award. The court may order non-guideline maintenance after considering the Section 504 factors.
A court can also depart from guideline maintenance when it determines that application of the guidelines would be inappropriate. When doing so, the court must make the findings required by the statute.
High-income cases often require closer analysis of compensation, bonuses, investments, business earnings, deferred compensation, stock awards, benefits, and each spouse’s actual financial needs.
How Long Can Maintenance Continue?
The length of the marriage plays an important role in determining the duration of guideline maintenance.
Under 750 ILCS 5/504(b-1), Illinois uses statutory multipliers based on the length of the marriage. Shorter marriages generally produce shorter maintenance periods. As the length of the marriage increases, so does the applicable multiplier.
For marriages lasting 20 years or more, the court may order maintenance for a period equal to the length of the marriage or for an indefinite term.
The statute also recognizes different forms of maintenance, including fixed-term maintenance, indefinite maintenance, and reviewable maintenance. Fixed-term maintenance ends at the designated time and is barred afterward. Indefinite maintenance does not contain a predetermined termination date but remains subject to applicable modification or termination rules. Reviewable maintenance allows the court to reconsider the circumstances after a designated period.
Can Maintenance Help A Spouse Become Financially Independent?
In some divorces, maintenance is intended to provide financial assistance while the recipient works toward greater self-sufficiency.
For example, a spouse who left employment to raise children might need time to update professional credentials, obtain additional education, rebuild experience, or reenter the workforce. Section 504 permits courts to consider how much time is realistically necessary for a spouse seeking maintenance to obtain appropriate education, training, and employment.
The court can also consider whether that goal is realistic. Age, health, employment history, caregiving responsibilities, and years outside the workforce can all affect earning capacity.
We believe this part of the case should be based on credible financial and vocational circumstances rather than unsupported assumptions about what a spouse “should” be able to earn.
Does Marital Misconduct Affect Spousal Support?
Illinois maintenance is generally determined without regard to marital misconduct under 750 ILCS 5/504(a).
That means maintenance usually is not increased because one spouse committed adultery or reduced because the other spouse was blamed for the end of the marriage.
Financial conduct can still matter in other parts of a divorce. For example, improper use or dissipation of marital property may present a separate property issue. The important distinction is that Illinois maintenance is intended to address economic circumstances rather than punish personal behavior.
Can Maintenance Be Changed After The Divorce?
Some maintenance awards can later be modified, while others may be fixed by agreement or court order in ways that limit modification. Under 750 ILCS 5/510, maintenance may generally be modified upon the required showing of a substantial change in circumstances when modification is legally available. Changes in income, employment, earning capacity, property, or other financial circumstances may become relevant.
Whether modification is possible depends heavily on the language of the divorce judgment and any marital settlement agreement. We recommend understanding those provisions before agreeing to maintenance terms because their consequences may continue for many years.
When Does Illinois Maintenance Terminate?
Illinois law identifies circumstances that can terminate future maintenance. Under 750 ILCS 5/510(c), unless the parties have otherwise agreed in an enforceable written agreement or the court has approved a different arrangement, maintenance generally terminates upon the death of either party, the recipient’s remarriage, or when the recipient cohabits with another person on a resident, continuing conjugal basis.
Cohabitation cases are highly fact-specific. Dating someone or occasionally spending nights together is not automatically the same as establishing the type of relationship contemplated by the statute.
Because termination can carry substantial financial consequences, these cases should be evaluated carefully.
Speak With Michael C. Craven About Illinois Spousal Support
Whether you will receive maintenance depends on much more than comparing your paycheck with your spouse’s. The length of your marriage, property division, earning history, financial needs, career sacrifices, health, employability, marital lifestyle, and future earning capacity can all affect the analysis.
Michael C. Craven helps clients evaluate maintenance claims as part of the larger financial picture of an Illinois divorce. We can review income, assets, employment history, marital contributions, potential guideline calculations, and the proposed duration of maintenance so that you understand both the immediate and long-term consequences of a support award.
If you are concerned about whether you will receive spousal support or whether you may be required to pay it, obtaining legal advice early can help you make informed financial decisions. Maintenance provisions can affect your finances long after the divorce judgment is entered, making careful evaluation especially important before agreeing to final terms.
Contact our Chicago divorce attorney today by calling (312) 621-5234 to schedule a free consultation. We represent clients throughout the City of Chicago, Illinois, and can help you understand how Illinois maintenance law applies to your particular financial circumstances.
