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Chicago Spousal Maintenance Attorney
How the formula works, when it doesn't apply, and what the court considers beyond the math.
Maintenance Is Often One of the Most Contested Issues in an Illinois Divorce.
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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Cases are handled by our attorneys, Rebecca LaRocque and Tyler Keller. Family law only, in Cook, DuPage, and Will Counties.
What Illinois Law Says About Maintenance
Illinois uses the term "maintenance" rather than alimony. Before any formula comes into play, the court has to answer a threshold question: is maintenance appropriate in this marriage at all? The judge decides that by weighing the factors in the statute, which are covered below. Only if the answer is yes does the guideline calculation apply.
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The guideline applies when the spouses' combined gross annual income is under $500,000 and the paying spouse has no child support or maintenance obligation from a prior relationship. In those cases the amount is 33 1/3% of the paying spouse's net annual income minus 25% of the receiving spouse's net annual income. There is a cap: the receiving spouse's own net income plus the maintenance cannot exceed 40% of the couple's combined net income. Net income here means gross income minus the deductions the statute allows, chiefly taxes, so it is not the same as take-home pay on a paystub.
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An illustration, using round numbers that are not anyone's actual case. If the paying spouse nets $120,000 a year and the receiving spouse nets $40,000, the formula gives $40,000 minus $10,000, or $30,000 a year. But $40,000 plus $30,000 is $70,000, which is more than 40% of the couple's $160,000 combined net ($64,000). The cap lowers the guideline amount to $24,000 a year, or $2,000 a month. That cap catches people by surprise more often than the formula itself.
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When combined income is $500,000 or more, or when the guideline would produce an unfair result, the court sets maintenance based on the specific facts rather than the formula.
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You can run your own numbers with our Illinois maintenance calculator. It applies the guideline formula and the duration multiplier and gives you the statutory number in a couple of minutes. What it cannot tell you is whether maintenance applies to your marriage in the first place, or whether a judge would deviate.
Who Qualifies for Maintenance, and When Courts Deviate From the Formula
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.
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A judge can also decide that the guideline number is wrong for a particular marriage and deviate from it, up or down. When that happens, the order has to state what the guideline amount and duration would have been and explain why the court departed from them. In practice, the situations that most often lead to a deviation are a spouse whose real income is higher than the tax return shows, a short marriage with a large income gap, a parenting arrangement that limits one spouse's ability to work, and a spouse with significant separate assets or a much stronger earning history than current income suggests. Deviation arguments are won on documentation, which is why the financial picture has to be built early rather than argued at the end.
How Long Maintenance Lasts
When the guideline applies, the length of maintenance is set by formula. The length of the marriage, measured from the wedding date to the date the divorce was filed, is multiplied by a factor set by Illinois statute.
Length of the marriage | Multiplier |
|---|---|
Less than 5 years | 0.20 |
5 years | 0.24 |
6 years | 0.28 |
7 years | 0.32 |
8 years | 0.36 |
9 years | 0.40 |
10 years | 0.44 |
11 years | 0.48 |
12 years | 0.52 |
13 years | 0.56 |
14 years | 0.60 |
15 years | 0.64 |
16 years | 0.68 |
17 years | 0.72 |
18 years | 0.76 |
19 years | 0.80 |
20 years or more | Full length or indefinite |
Each row means that many years but less than the next. A marriage of 9 years and 11 months uses 0.40, and one of 10 years and 1 month uses 0.44.
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A twelve-year marriage, for example, produces a guideline duration of 6.24 years, or about six years and three months. The court can still set a different term where the facts justify it, and maintenance can be structured as fixed-term, reviewable, or indefinite, which is covered below. The start date and the definition of the marriage's length are argued more often than people expect, particularly where the couple separated years before anyone filed.
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.
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 cohabiting with a new partner on a resident, continuing conjugal basis.
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.
Maintenance Cases in Cook, DuPage, and Will Counties
The maintenance statute is the same everywhere in Illinois. What changes from county to county is the courthouse, the local rules, and how each judge runs a courtroom. Cook County domestic relations cases are heard at the Daley Center in the Loop, a short distance from our West Loop office. DuPage County cases are heard at the courthouse in Wheaton, and Will County cases in Joliet. Each has its own procedures for temporary relief, financial disclosure, and scheduling, and each moves at its own pace.
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Maintenance while the case is pending is a separate question. A contested divorce can take a year or more, and the lower-earning spouse usually cannot wait that long. Either spouse can ask for temporary maintenance early in the case, and the judge decides it on the financial affidavits and supporting documents rather than a full trial. The temporary order lasts until the judgment is entered, and it does not fix the final amount or duration, although in practice it often sets the tone for the negotiation that follows.
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In every county, both spouses complete a sworn financial affidavit early in the case, and that document drives temporary maintenance, the guideline calculation, and any deviation argument. Getting it right the first time matters more than most people realize, because it is the number the judge and the other side will hold you to. Our attorneys appear regularly in all three counties and handle the local differences so you do not have to learn them mid-case.
Our Approach to Spousal Maintenance
Why Clients Choose LaRocque Law
We represent 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 anything unexamined.
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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.
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LaRocque Law serves clients in Cook County, DuPage County, and Will County. Common questions are answered in our spousal maintenance FAQ.
Every LaRocque Law case is handled by one of our attorneys, with a paralegal assigned from day one. Our attorneys practice family law exclusively and appear regularly in Cook, DuPage, and Will Counties. You'll know who is working on your matter and how to reach them.
"They were prompt, maintained excellent communication, and were incredibly
thorough. I always felt informed and confident in the decisions being made." — Michael M., client.
Past results and client testimonials do not guarantee future outcomes; every case is unique.
Frequently asked questions
Will I automatically receive maintenance in my divorce?
No. Maintenance is not guaranteed. You must request it, and the court must find that it is appropriate based on the circumstances of your marriage. Factors like the length of the marriage, each spouse's income and earning capacity, and whether one spouse sacrificed career advancement to support the family all influence whether maintenance is awarded.
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How is the maintenance amount calculated in Illinois?
When combined gross income is under $500,000, Illinois uses a statutory formula: 33 1/3% 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. Above $500,000 in combined income, the court uses its discretion.
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What if my spouse cheated on me?
Cheating has very little direct legal impact on the outcome of your divorce in Illinois. Illinois is a no-fault state, which means the only ground for divorce is irreconcilable differences. You do not need to prove your spouse was unfaithful, and it will not entitle you to higher maintenance.
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How long does maintenance last?
Duration is tied to the length of the marriage using statutory multipliers. A five-year marriage results in a shorter maintenance period than a fifteen-year marriage. Marriages of twenty or more years may result in indefinite maintenance. Courts can also order reviewable maintenance, which is set for a defined period but subject to renewal.
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Can maintenance be modified after the divorce?
Yes, in most cases. If there is a substantial change in circumstances, such as a significant change in either party's income, a job loss, or the receiving spouse beginning to cohabit with a new partner on a resident, continuing conjugal basis, either party can petition the court to modify or terminate the order. The exception is maintenance the parties agreed would be non-modifiable in the judgment; that agreement is enforced as written.
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What if my spouse is hiding income?
This is more common than most people expect, and it's one of the reasons having experienced counsel matters. We know how to identify underreported income, investigate asset transfers, and work with forensic accountants when the financial picture isn't what it appears to be.
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Does maintenance end if I remarry?
Yes. Maintenance automatically terminates upon the remarriage of the receiving spouse. It also terminates upon the death of either party. Cohabitation with a new partner on a resident, continuing conjugal basis can also be grounds for termination, though this requires a court order.
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Can we agree on maintenance without going to court?
Yes, and a negotiated agreement usually gives you more control over the terms than a court-ordered one. Couples can agree on amount, duration, and structure, and the court will generally approve the agreement as long as it isn't unconscionable. A well-negotiated maintenance agreement can also address modification terms and tax treatment in ways a standard court order may not.
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What factors does the court consider when awarding maintenance?
Illinois courts look at a range of factors when deciding whether maintenance is appropriate, including the length of the marriage, each spouse's income and earning potential, the standard of living established during the marriage, the age and health of both parties, contributions one spouse made to the other's career or education, and whether one spouse left the workforce or reduced their career opportunities to care for children or the household. No single factor is determinative. The court weighs everything together.
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When will a court deviate from the maintenance formula?
The guideline formula applies when the spouses' combined gross income is under $500,000 and the paying spouse has no prior support obligations, but the judge can deviate from it after making findings on the statutory factors: each spouse's income and needs, the standard of living during the marriage, the length of the marriage, each spouse's age, health, and earning capacity, and contributions one spouse made to the other's career. The most common reasons for deviation are a spouse whose real income is much higher than the tax return shows, a short marriage with a large income gap, or a parenting arrangement that limits one spouse's ability to work. The judge must explain the deviation in the order.
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Is there an Illinois maintenance calculator?
Yes. Our Illinois maintenance calculator runs the statutory formula: 33 1/3% of the paying spouse's net income minus 25% of the receiving spouse's net income, capped so the recipient does not end up with more than 40% of the combined net, with duration based on the length of the marriage. It gives you the guideline number in a couple of minutes. It does not tell you whether maintenance applies at all, which is the threshold question the court decides first, or whether a judge would deviate.
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Is maintenance taxable in Illinois?
For divorces finalized after December 31, 2018, maintenance is not deductible by the paying spouse and not taxable income to the receiving spouse under federal law, and Illinois follows the federal treatment. Orders entered before 2019 keep the old rule unless they are modified and both parties opt into the new treatment. This changes the math in negotiation, since a dollar of maintenance now costs the payer a full after-tax dollar. Confirm your own situation with your tax preparer.