Spousal Maintenance
Will I automatically receive maintenance in my Illinois divorce?
No. Spousal maintenance, sometimes called alimony, is not automatically awarded in an Illinois divorce.
Before determining the amount or duration of maintenance, the court must first decide whether an award is appropriate.
Under 750 ILCS 5/504, the court considers factors such as the length of the marriage, each spouse's income and earning capacity, financial needs, property awarded in the divorce, and whether one spouse sacrificed career opportunities to support the family or the other spouse's career.
Maintenance may be awarded to either spouse, regardless of gender. A significant difference in income does not automatically guarantee maintenance.
750 ILCS 5/504(a) – Entitlement to Maintenance.
How is spousal maintenance calculated in Illinois?
Illinois uses statutory guidelines to calculate maintenance when the parties meet certain income and eligibility requirements.
When the spouses' combined gross annual income is less than $500,000 and the paying spouse has no prior child support or maintenance obligations, the guideline calculation generally applies unless the court finds it inappropriate.
The formula is: 33⅓% of the paying spouse's net annual income minus 25% of the receiving spouse's net annual income.
However, the maintenance award cannot result in the receiving spouse having more than 40% of the parties' combined net income after accounting for maintenance.
The court must first determine that maintenance is appropriate before applying the formula. Additional considerations apply when the parties have child support obligations or when the guideline calculation would produce an inappropriate result.
When the parties' combined gross annual income is $500,000 or more, the court determines an appropriate amount and duration without applying the statutory guideline formula.
750 ILCS 5/504(b-1) – Amount and Duration of Maintenance.
Will my spouse's infidelity affect maintenance in Illinois?
Generally, no. Illinois is a no-fault divorce state, and marital misconduct is not a factor the court considers when deciding whether to award maintenance.
Under 750 ILCS 5/504, maintenance is determined without regard to marital misconduct. This means that adultery, by itself, does not entitle a spouse to additional maintenance or prevent the other spouse from receiving it.
However, financial misconduct can be a separate issue. If a spouse used marital funds for an extramarital relationship, those expenditures may be relevant to a claim for dissipation of marital assets.
For example, spending marital money on expensive gifts, travel, or other expenses unrelated to the marriage may warrant investigation, depending on when the spending occurred and the surrounding circumstances.
The distinction is important: Illinois courts do not financially punish a spouse for cheating, but the misuse of marital assets may affect property division.
750 ILCS 5/504(a) and 750 ILCS 5/503(d)(2).
How long does spousal maintenance last in Illinois?
The duration of maintenance generally depends on the length of the marriage, measured from the date of marriage to the date the divorce action was commenced.
When statutory guidelines apply, Illinois uses specific multipliers based on the length of the marriage to calculate the duration.
For example, a marriage lasting five years generally results in a shorter maintenance period than a marriage lasting fifteen years.
For marriages lasting 20 years or more, the court may award maintenance for a period equal to the length of the marriage or for an indefinite term.
Illinois courts may also award fixed-term, indefinite, or reviewable maintenance, depending on the circumstances.
Reviewable maintenance allows the court to reassess the award after a specified period. The court may then determine whether maintenance should continue, change, or terminate.
The applicable guideline duration is not necessarily the final result. Courts may depart from the guidelines when the statutory requirements are satisfied.
750 ILCS 5/504(b-1), (b-4.5), and (b-8) – Maintenance Duration and Review.
Can spousal maintenance be modified after divorce?
Yes, in many cases. However, whether maintenance can be modified depends on the terms of the judgment and whether the parties agreed to make maintenance nonmodifiable.
Under 750 ILCS 5/510, maintenance generally may be modified or terminated upon a substantial change in circumstances.
Examples may include:
A significant increase or decrease in either spouse's income
Involuntary job loss or a meaningful change in employment
Retirement or changes in earning capacity
Changes in financial needs
The receiving spouse's efforts to become self-supporting
The court considers the circumstances surrounding the requested modification, including whether changes in employment were made in good faith.
Some events, including remarriage or qualifying cohabitation, may result in termination under separate statutory provisions.
Importantly, a substantial change in circumstances does not automatically result in a modification. The court must evaluate the evidence and applicable legal requirements.
750 ILCS 5/510(a-5) – Modification of Maintenance.
What if my spouse is hiding income during our divorce?
Accurate financial disclosure is essential when determining maintenance, child support, and property division.
If you believe your spouse is understating income, concealing assets, or transferring money to avoid financial obligations, an attorney can use the discovery process to investigate.
Depending on the circumstances, this may involve reviewing:
Tax returns and financial affidavits
Bank and credit card statements
Business records and financial statements
Payroll records, bonuses, and deferred compensation
Transfers between accounts
Business expenses and distributions
Financial records obtained through subpoenas
For business owners or individuals with complicated compensation structures, financial experts or forensic accountants may be necessary.
Illinois law also allows courts to consider a spouse's realistic earning capacity rather than relying exclusively on reported income.
At LaRocque Law, we focus on obtaining the financial information necessary to evaluate the case and determining whether additional discovery is likely to justify its cost.
750 ILCS 5/504(a) – Income and Earning Capacity.
Does maintenance automatically end if I remarry?
Generally, yes. Under Illinois law, future maintenance obligations ordinarily terminate when the spouse receiving maintenance remarries.
Maintenance also generally terminates upon the death of either party or when the receiving spouse cohabits with another person on a resident, continuing conjugal basis.
However, 750 ILCS 5/510(c) allows exceptions when the parties have agreed otherwise in a qualifying written agreement incorporated into the judgment or otherwise approved by the court.
Cohabitation is not the same as simply dating someone. Whether a relationship qualifies for termination depends on the circumstances, including the nature, continuity, and characteristics of the relationship.
Remarriage generally terminates maintenance by operation of law, while qualifying cohabitation requires a factual determination by the court. The date on which cohabitation began can affect the termination date and potential reimbursement.
A recipient who intends to remarry also has statutory notification obligations.
750 ILCS 5/510(c) – Termination of Maintenance.
Can my spouse and I agree on maintenance without going to trial?
Yes. Spouses may negotiate maintenance as part of their Marital Settlement Agreement rather than asking a judge to determine the amount and duration after a contested hearing.
A negotiated agreement may address:
The amount of maintenance
The duration of payments
Whether maintenance will be reviewable
Whether the obligation can be modified
Circumstances under which maintenance will terminate
Other financial terms permitted under Illinois law
Under 750 ILCS 5/502, agreements concerning maintenance are generally binding on the court unless the court finds them unconscionable.
The terms require careful consideration, particularly when the parties agree to waive maintenance or make an obligation nonmodifiable.
At LaRocque Law, we evaluate maintenance proposals based on the likely outcome in court, the financial consequences of the agreement, and the costs and risks associated with continued litigation.
A negotiated agreement should make financial sense, not simply bring the divorce to an end.
750 ILCS 5/502 – Marital Settlement Agreements.
What factors does an Illinois judge consider when awarding maintenance?
Illinois courts consider multiple statutory factors when determining whether maintenance is appropriate.
Under 750 ILCS 5/504(a), relevant considerations include:
Each spouse's income, property, and financial obligations
The reasonable needs of each party
Present and future earning capacity
Whether either spouse's earning capacity was affected by responsibilities during the marriage
Time needed to obtain education, training, or employment
The standard of living established during the marriage
The length of the marriage
Each spouse's age, health, occupation, and employability
Contributions one spouse made to the other's education, career, or professional development
The tax consequences of maintenance
Any valid agreement between the parties
The court may also consider other factors it finds just and equitable.
No single factor automatically determines whether maintenance will be awarded.
Importantly, the court must first determine whether maintenance is appropriate before calculating the amount or duration under the applicable guidelines.
750 ILCS 5/504(a) – Factors for Awarding Maintenance.
What happens if my former spouse stops paying maintenance?
If your former spouse fails to pay court-ordered maintenance, you may have several enforcement options.
Depending on the circumstances, you may be able to seek relief through a petition for rule to show cause, income withholding, enforcement of unpaid maintenance judgments, or other collection procedures.
Under Illinois law, unpaid maintenance installments generally become enforceable judgments when due and may accrue statutory interest.
If the court determines that the paying spouse willfully violated a valid court order despite having the ability to comply, contempt remedies may be available.
However, a failure to pay does not automatically establish contempt. The court must consider the circumstances, including whether the nonpayment was willful and whether the paying spouse has the ability to comply with the court's requirements.
Keep detailed records of payments received, missed payments, and any communications concerning the unpaid obligation.
At LaRocque Law, we evaluate the amount owed, available enforcement options, and the likelihood of recovery before recommending additional litigation.
750 ILCS 5/504(b-5) and (b-7) – Interest and Maintenance Judgments and 750 ILCS 5/508 – Attorney's Fees and Enforcement.
When can an Illinois court deviate from the maintenance guidelines?
Illinois courts generally apply the statutory maintenance guidelines when the parties meet the applicable eligibility requirements.
However, a judge may depart from the guidelines when their application would be inappropriate under the circumstances.
For example, non-guideline maintenance may be appropriate when:
The parties have substantial or unusually structured income
The paying spouse has qualifying support obligations from a prior relationship
Applying the guidelines would create an inappropriate financial result
The combined maintenance and child support obligations would exceed the statutory threshold
Other circumstances justify a different amount or duration
Under 750 ILCS 5/504, when the court orders non-guideline maintenance, it must make specific findings explaining the reasons for departing from the guidelines and addressing the resulting award.
A deviation is not automatic simply because one spouse earns substantially more than the other.
The court must determine what is appropriate based on the evidence and applicable statutory factors.
750 ILCS 5/504(b-1) – Guideline and Non-Guideline Maintenance.
Is there an Illinois spousal maintenance calculator?
Yes. Our Illinois Spousal Maintenance Calculator allows you to estimate guideline maintenance using the statutory formula.
When the guidelines apply, Illinois generally calculates maintenance using:
33⅓% of the paying spouse's net income minus 25% of the receiving spouse's net income, subject to the statutory 40% combined-net-income limitation.
The duration is calculated using statutory multipliers based on the length of the marriage.
However, a maintenance calculator is only a starting point.
It cannot determine whether you are legally entitled to receive maintenance, whether a judge would deviate from the guidelines, or whether other circumstances affect the final award. Accurate calculation also requires determining each spouse's net income under Illinois law, which may differ from take-home pay.
The calculator provides an estimate, not a prediction or guarantee of what a court will order.
750 ILCS 5/504 – Illinois Maintenance Guidelines.
Is spousal maintenance taxable in Illinois?
For most divorce or separation agreements executed after December 31, 2018, maintenance is not deductible by the paying spouse and is not included in the receiving spouse's taxable income for federal income tax purposes.
Agreements executed before January 1, 2019, generally remain subject to the former federal tax treatment, under which qualifying maintenance was deductible by the payer and taxable to the recipient.
However, the newer tax treatment may apply to a pre-2019 agreement that is modified after 2018 if the modification expressly provides for that treatment.
Illinois maintenance calculations also account for the applicable tax treatment, including special statutory rules for certain older maintenance orders.
Because the tax consequences can affect the financial value of a settlement, both spouses should understand the applicable treatment before agreeing to maintenance terms.
For questions involving federal or Illinois income tax reporting, consult a qualified tax professional.
IRS Publication 504 – Divorced or Separated Individuals and 750 ILCS 5/504(b-4) – Modification of Pre-2019 Maintenance Orders.