Maintenance Is One of the Most Contested Issues in an Illinois Divorce.

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Spousal maintenance — what most people still call alimony — is often the issue that turns an otherwise straightforward divorce into a prolonged dispute. Whether you're the spouse who may need support or the spouse who may be asked to pay it, the outcome has real, long-term financial consequences. Getting it right requires understanding how Illinois law works and having an attorney who knows how to apply it to your specific situation.

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What Illinois Law Says About Maintenance

Illinois uses the term "maintenance" rather than alimony, and the law provides a formula for calculating both the amount and duration — but only in cases where the combined gross income of both spouses is under $500,000. In those cases:

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The amount is calculated as 33.3% of the paying spouse's net income minus 25% of the receiving spouse's net income. The result cannot leave the receiving spouse with more than 40% of the couple's combined net income.

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The duration is tied to the length of the marriage. A five-year marriage produces a shorter maintenance period than a fifteen-year marriage. Marriages of twenty years or more may result in maintenance for an indefinite period.

When combined income exceeds $500,000, or when the formula produces an unjust result, the court has discretion to deviate from it based on the specific facts of the case.

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What Courts Consider

Even where a formula applies, courts look at a broader set of factors before entering a maintenance order. These include each spouse's income and earning capacity, the standard of living established during the marriage, the length of the marriage, each spouse's needs and financial resources, whether one spouse left the workforce or reduced their career to care for children, the age and health of both parties, and any valid agreements between the spouses — including prenuptial agreements.

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Maintenance is not automatic. It must be requested, and the court must find that it is appropriate under the circumstances.

 

Types of Maintenance in Illinois

Illinois courts can award several different forms of maintenance depending on the situation. Temporary maintenance is ordered while the case is pending and ends when the divorce is finalized. Fixed-term maintenance runs for a set period after the divorce. Reviewable maintenance is set for a defined period but subject to renewal based on circumstances at the time of review. Indefinite maintenance has no set end date and is most common in long marriages where one spouse cannot reasonably be expected to become self-supporting.

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When Maintenance Ends

Maintenance automatically terminates when the receiving spouse remarries or when either party dies. Courts can also terminate or modify maintenance if there is a substantial change in circumstances — including a significant change in either party's income or the receiving spouse cohabitating with a new partner on a resident, continuing basis.

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Why the Calculation Is Only the Starting Point

The formula gives you a number. It doesn't tell you whether that number is fair given your circumstances, how to structure payments for tax efficiency, whether a lump sum makes more sense than periodic payments, or how to protect yourself if circumstances change. These are the questions that require experienced counsel — and the answers matter as much as the formula itself.

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Why LaRocque Law

 

We represent both spouses seeking maintenance and spouses contesting it. Our approach is the same either way: understand the full financial picture, apply Illinois law precisely, and pursue the outcome that actually reflects what our client needs going forward. We don't overreach, and we don't leave money on the table.

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If spousal maintenance is an issue in your divorce, the earlier you understand your position, the better prepared you'll be.