Practice AreasÂ
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Divorce & Separation
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Spousal Maintenance
Spousal Maintenance
Attorney in Illinois
Illinois uses statutory guidelines to calculate maintenance — but the formula is only the starting point. Many cases involve circumstances that warrant a different outcome, and the difference between a well-negotiated maintenance award and a poorly handled one can span decades.
The formula is the starting point — not the ending point.
Spousal maintenance — what most people call alimony — is financial support paid by one spouse to the other following dissolution of marriage. Illinois uses a statutory formula to calculate both the amount and duration of maintenance awards, but the formula applies only within a specific income threshold. Above that threshold, courts exercise broader discretion based on a set of statutory factors.
Even within the guidelines, how maintenance is framed, negotiated, and documented in the final judgment matters enormously. Whether maintenance is reviewable or terminable, how cohabitation is addressed, whether the award is reserved vs. waived, and how it interacts with the property division — all of these decisions have long-term financial consequences that clients often don't fully appreciate until years later.
Whether you're seeking maintenance after a long marriage or defending against an award you believe is excessive, we provide clear guidance on what Illinois courts are likely to do — and advocacy that reflects your actual circumstances, not the formula alone.
Illinois maintenance is governed by 750 ILCS 5/504, which establishes both the formula for guideline awards and the factors courts consider when exercising discretion. The statutory factors include the income and property of each spouse, the needs of each spouse, the earning capacity of the party seeking maintenance, the standard of living established during the marriage, the duration of the marriage, and any impairment to present and future earning capacity. No single factor is determinative — the analysis is holistic and fact-specific.
The guideline formula — and when it doesn't apply.
Illinois uses a two-part formula to calculate guideline maintenance awards — one formula for the amount, one for the duration. Both apply only when the parties' combined gross income is $500,000 or less per year. Above that threshold, the court exercises broader discretion.
How the Monthly Award is Calculated
Under 750 ILCS 5/504(b-1)(1)(A), maintenance is calculated as 33â…“% of the paying spouse's net annual income minus 25% of the receiving spouse's net annual income. The resulting annual amount, when added to the receiving spouse's net income, cannot exceed 40% of the combined net income of both spouses. This cap is designed to prevent maintenance from making the receiving spouse financially better off than the paying spouse.
How Long Maintenance Lasts
Under 750 ILCS 5/504(b-1)(1)(B), the duration of guideline maintenance is calculated as a percentage of the length of the marriage. For a marriage of under 5 years, the multiplier is 20%. It increases incrementally with marriage length — reaching 80% for marriages between 19 and 20 years, with marriages of 20 years or more potentially resulting in permanent maintenance or maintenance equal to the marriage length at the court's discretion.
How marriage length affects
how long maintenance lasts.
The Illinois duration formula multiplies the length of the marriage by a percentage to arrive at the maintenance duration. The longer the marriage, the greater the multiplier — and for marriages of 20 years or more, the court has discretion to award permanent or indefinite maintenance.
Maintenance duration = 20% of the marriage length. A 4-year marriage results in approximately 10 months of maintenance under the guidelines.
The multiplier increases from 20% to 40% as the marriage length approaches 10 years. Duration grows meaningfully in this range.
Multiplier continues increasing from 40% to 80%. A 15-year marriage results in approximately 9 years of maintenance under the guidelines.
For marriages of 20 years or more, the court may award maintenance for a period equal to the length of the marriage — or indefinite maintenance at its discretion.
These are guideline durations, not absolute rules. Courts can deviate from the guidelines when the result would be inappropriate or unjust given the specific circumstances of the parties — including impairment to earning capacity, the standard of living during the marriage, and each spouse's realistic financial position post-divorce.
When maintenance can change — or end entirely.
A maintenance award isn't necessarily permanent. Illinois law provides specific grounds for modifying or terminating maintenance — and how the original award was structured affects what options are available later. Understanding these scenarios at the time of the initial divorce matters significantly.
Remarriage or Death
Maintenance terminates automatically upon the death of either party or the remarriage of the receiving spouse. These are statutory termination events that cannot be contracted around in most circumstances — though the original agreement may address how other obligations are handled in these events.
Cohabitation
Under 750 ILCS 5/510(c), maintenance terminates when the receiving spouse cohabitates with another person on a resident, continuing, conjugal basis. Proving cohabitation requires evidence of the nature and stability of the relationship — not just that the receiving spouse spends time with a partner. We have experience pursuing and defending cohabitation termination claims.
Substantial Change in Circumstances
Under 750 ILCS 5/510(a-5), maintenance can be modified — upward or downward — when there has been a substantial change in circumstances since the original award. Significant changes in either party's income, loss of employment, retirement, or a material change in financial need can all support a modification petition. The specific language of the original maintenance order significantly affects what modification is available.
What clients ask about maintenance in Illinois.
These are the questions prospective clients most often raise before their first consultation. We've answered them honestly — because informed clients make better decisions, and that's better for everyone.
Is maintenance automatically awarded in every Illinois divorce?
No. Maintenance is not automatic — one party must request it, and the court must find that an award is appropriate given the circumstances. In many divorces, neither party seeks maintenance, or both parties agree to waive it. The court evaluates the statutory factors to determine whether maintenance is warranted, and if so, applies the formula (or exercises discretion above the income threshold). A party who waives maintenance in the divorce judgment generally cannot come back and seek it later.
What's the difference between reviewable and non-modifiable maintenance?
Illinois maintenance awards can be structured in several ways. A fixed-term award terminates at the end of the specified period unless the receiving party petitions for extension before it expires and demonstrates continued need. A reviewable award is subject to court review at the end of the term, at which point the court evaluates whether maintenance should continue, be modified, or terminate. A non-modifiable award, agreed to by the parties, cannot be changed regardless of changed circumstances — which cuts both ways. The structure of the original award shapes the options available later.
How does maintenance interact with child support?
Maintenance and child support are calculated separately in Illinois — but they interact significantly in practice. Maintenance payments are treated as income to the receiving spouse for child support calculation purposes, and as deductions from the paying spouse's income. This means the order in which maintenance and support are calculated matters — and getting the sequencing right can affect both obligations. We analyze both simultaneously to understand the full financial picture before advising on either.
Can I get maintenance if I was married for only a few years?
Yes — the Illinois guidelines apply to marriages of any length, and even short marriages can result in maintenance awards. The duration formula produces shorter awards for shorter marriages — a four-year marriage results in approximately 10 months of maintenance under the formula — but the amount formula is the same regardless of marriage length. For very short marriages where both parties have comparable income and earning capacity, courts may find that maintenance isn't warranted at all. The facts of your specific situation determine the outcome.
What happens to maintenance if my income changes significantly?
A significant change in either party's income — upward or downward — can support a petition to modify maintenance, provided the award was not labeled non-modifiable in the original judgment. If your income drops significantly due to job loss, health issues, or retirement, you can petition the court to reduce or suspend your maintenance obligation. If the receiving spouse's income increases substantially, that may support a reduction as well. The threshold is a showing of substantial and material change in circumstances — which the court evaluates based on all relevant factors at the time of the modification petition.
Is maintenance tax-deductible in Illinois?
The federal tax treatment of maintenance changed significantly under the Tax Cuts and Jobs Act of 2017. For divorce agreements executed after December 31, 2018, maintenance payments are no longer deductible by the paying spouse or includable in the income of the receiving spouse for federal tax purposes. For agreements executed before that date, the prior rules may still apply. The change in tax treatment affects the real economic value of a maintenance award to both parties — and we factor it into the analysis of any proposed settlement involving maintenance.
"The formula is a starting point. How maintenance is structured in the final judgment shapes what's possible for years afterward."
Spousal Maintenance Attorney Serving Chicagoland
O'Brien Family Law handles spousal maintenance matters — initial awards, modifications, termination actions, and enforcement — throughout Cook, DuPage, Kane, Kendall, Lake, and Will County. We regularly appear in the circuit courts of each county and understand how local judges approach maintenance determinations in contested and agreed cases.
Whether your matter is in Wheaton, Geneva, Joliet, Waukegan, or Yorkville, we're positioned to advise and advocate effectively from the first consultation.
Understand your position before you negotiate.
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