Family & Safety

In Illinois, a judge can make one spouse pay the other spouse money on an ongoing basis after a divorce. This is called "maintenance." It used to be called "spousal support" or "alimony." The purpose of maintenance is to help the receiving spouse support themselves after the divorce and help them maintain the standard of living they had during the marriage. However, the judge is not required to order maintenance. The court generally expects people who are able to work to find a job and support themselves.

The laws for maintenance are the same for men and women.

The judge will consider the following factors when deciding spousal maintenance:

• The spouses’ income and property, including property given to the receiving spouse and financial obligations imposed on both because of the divorce;
• The spouses’ needs;
• Each spouse’s earning potential, now and in the future; 
• Whether a receiving spouse’s current or future earning potential was, because of the marriage, negatively affected by
  • Their time spent on homemaking or household duties or
  • Delaying or giving up opportunities for their career, education, or training;
• Whether there is any impairment that affects the paying spouse’s current or future earning potential;
• The time needed for the receiving spouse to get training, education, or a job, and whether they can support themselves with that job, as well as how parental responsibilities affect this;
• The standard of living during the marriage;
• The length of marriage;
• The spouses’ ages, health status, occupations, sources of income, employability, assets, debts, and needs; 
• All sources of public and private income, including disability and retirement income; 
• Tax consequences for each spouse;
• The receiving spouse’s contributions and services to the education, training, and career of the paying spouse;
• Any agreements between the spouses; and
• Any other factor the judge finds to be “just and equitable.”

The judge will not factor in “marital misconduct” like adultery.

If the spouses’ combined annual income is less than $500,000 and the paying spouse is not paying spousal maintenance and/or child support from a previous relationship, then the amount of the spousal maintenance is calculated by taking 33⅓% of the paying spouse’s net annual income and subtracting 25% of the receiving spouse’s income. However, the receiving spouse’s new income (net yearly plus maintenance) cannot exceed 40% of both spouses’ combined original net yearly income.

The amount can be calculated by:

• Multiplying the paying spouse’s net yearly income by 0.333 (Amount A)
• Multiplying the receiving spouse’s net yearly income by 0.25 (Amount B)
• Subtracting Amount B from Amount A equals the yearly amount of maintenance (Amount C)

Next, there is a calculation for the limit on the amount of maintenance the receiving spouse can get:

• Add the yearly amount of maintenance (Amount C) to the receiving spouse’s net yearly income (Amount D)
• Add the receiving spouse’s net yearly income to the paying spouse’s net yearly income. Multiply this amount by 0.4 (Amount E)

If Amount D is higher than Amount E, reduce the amount of the spousal maintenance so they are equal. This is the amount of annual maintenance the receiving spouse will get.

Example:
Assume the paying spouse’s net yearly income is $50,000, and the receiving spouse’s net yearly income is $25,000:

• $50,000 (paying spouse's net income) X 0.333 = $16,650 (Amount A)
• $25,000 (receiving's net income) X 0.25 = $6,250 (Amount B)
• $16,650 (Amount A) - $6,250 (Amount B) = $10,400 (Amount C)

To calculate any limits on the amount:

• $10,400 (Amount C) + $25,000 (receiving spouse’s net income) = $35,400 (Amount D)
• $50,000 (paying spouse’s net income) + $25,000 (receiving spouse's income) = $75,000.  $75,000 X 0.4 = $30,000 (Amount E)

Here, Amount D ($35,400) is $5,400 more than Amount E ($30,000). Therefore, $5,400 must be subtracted from $10,400 (Amount C). Therefore, the judge will order the paying spouse to pay the receiving spouse $5,000 a year in maintenance support.

Yes, a judge can decide to order a different amount of spousal maintenance if it would be inappropriate given the factors listed above or if there are maintenance or child support orders for a previous relationship. If the judge opts not to follow the guidelines, they must provide the reason for the departure.

Yes. When calculating how much child support can be ordered, the judge will look at the income of both parents. The receiving spouse must include any spousal maintenance payments in their income. If the paying spouse’s income will be reduced by what they pay in spousal maintenance.

The length of maintenance depends on the length of the marriage:

For example, if the spouses were married for five years (60 months), spousal maintenance can last for 14 months (60 months X 0.24).

Note that the judge can deviate from these guidelines based on the factors listed above.

If the receiving spouse remarries or begins living with a relationship partner, the spousal maintenance orders can end.

Yes. If either spouse dies, the spousal maintenance orders can end.

In the past, if the paying spouse was in jail or incarcerated and owed spousal maintenance, the payments were paused. In 2025, the law changed. The payments are no longer paused, and any amounts that are not paid become arrears. If the paying spouse cannot make payments while incarcerated, they must file a lawsuit to change the divorce order.

If the paying spouse becomes unemployed, the spousal maintenance order still continues until the paying spouse goes to court to ask the judge to modify the order. Depending on the circumstances, the judge may work with the paying spouse by suspending or reducing the order.

Yes. Unless not allowed in the final divorce order, spouses can file a lawsuit to ask the judge to modify a spousal maintenance order based on substantial changes in the spouses’ financial situations. This may include retirement or completing a degree that enables the receiving spouse to make more money at work.

Yes, a judge can order spousal maintenance to be paid in temporary orders, which will be in effect while the primary divorce case is pending.

The paying spouse pays tax on the spousal maintenance. They do not receive a tax deduction. The spousal maintenance is not considered income for the receiving spouse.

If the paying spouse refuses to make spousal maintenance payments ordered by a judge, the receiving spouse can enforce the divorce order. The paying spouse can be found in contempt of court. The judge can order the paying spouse to make an immediate payment, add amounts for interest or fees, or garnish their wages.

Learn more about enforcing a divorce order. 

Learn more about spousal maintenance at the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/504.

For simpler, less complicated cases where there is not a lot of property or debt, no children, and both spouses agree to all the issues in the case, including spousal maintenance, a lawyer may not be necessary. 

However, a lawyer is recommended in situations where:

• The divorce is contested: the spouses cannot come to an agreement on major issues involving children, property, or debt;
• One spouse is represented by a lawyer: a pro se spouse is at a distinct disadvantage in a divorce if the other spouse is represented by a lawyer; or
• There is domestic violence involved in the relationship.

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