Home › Divorce in Illinois › Maintenance and alimony
Illinois maintenance and alimony: how it works, what you'll pay (or receive), and how long it lasts
Illinois calls alimony "spousal maintenance." Courts use a clear formula: 33.3% of the paying spouse's net income minus 25% of the receiving spouse's net income, capped so the recipient never exceeds 40% of combined net income. Duration is tied to marriage length, starting at 20% for marriages under five years and climbing to permanent support for marriages of 20 years or more.
Quick answer
Illinois courts call alimony "spousal maintenance." For most divorces, the amount is calculated by subtracting 25% of the lower earner's net income from 33.3% of the higher earner's net income, subject to a 40% combined-income cap. Duration is a percentage of the marriage length, starting at 20% for short marriages and reaching permanent or indefinite support for marriages lasting 20 years or more.
What is spousal maintenance in Illinois?
Spousal maintenance is the legal term Illinois uses for what most people know as alimony. It's money one spouse pays the other after a divorce to help bridge the financial gap that often comes with ending a marriage. The goal isn't to punish anyone. It's to give the lower-earning spouse time to get back on stable financial footing, whether that means completing education, re-entering the workforce, or simply adjusting to a new standard of living.
The Illinois Marriage and Dissolution of Marriage Act governs how maintenance works. The law is gender-neutral: either spouse can request it, and the court decides based on the financial reality of the situation rather than who filed for divorce or who was "at fault." Illinois is a no-fault divorce state, meaning marital misconduct generally has no bearing on whether maintenance is awarded or how much is paid.
If you're navigating the Illinois divorce process and have questions about what maintenance might look like in your situation, the Illinois divorce process overview is a good place to start before diving deeper into any single issue.
Who qualifies for maintenance in Illinois?
Maintenance is never automatic in Illinois. A court won't order it just because the incomes are unequal. The judge weighs a list of factors to decide whether support is appropriate in your specific situation.
The factors Illinois courts consider include:
- Each spouse's income, property, and the assets awarded through the property division.
- The realistic present and future earning capacity of each spouse.
- Any lost career or educational opportunities one spouse gave up during the marriage.
- How long the marriage lasted and the standard of living established during it.
- Each spouse's age and physical and emotional health.
- How parenting responsibilities affect each spouse's ability to work.
- The time needed for the requesting spouse to complete education or job training.
- Any existing agreements, including prenuptial or postnuptial contracts.
- Tax implications of the property settlement.
2025 update: maintenance and incarceration
Effective January 1, 2025, Illinois changed how maintenance works when the paying spouse is incarcerated. Payments no longer pause automatically. They continue to accrue as arrears during incarceration. If you're facing incarceration and cannot pay, you must file a petition with the court to request a modification. Waiting and hoping the obligation pauses on its own will result in debt that must be paid after release.
This change was enacted under Public Act 103-967 and applies to all maintenance orders statewide.
Even if maintenance is awarded, the court sets both an amount and a duration. These aren't the same as what the formula produces every time. A judge can deviate from the guidelines if the specific facts of your case call for it, and must explain why in writing if they do.
How the maintenance amount is calculated
When the couple's combined gross income is under $500,000 per year and the paying spouse has no prior child support or maintenance obligation from another case, Illinois uses a standard formula. The formula has been based on net income since 2019, which was a significant shift from the prior gross income method.
The Illinois maintenance formula
Annual maintenance = (33.3% of the paying spouse's net income) minus (25% of the receiving spouse's net income)
There's one important limit: the resulting payment cannot cause the receiving spouse's total income (their own earnings plus the maintenance) to exceed 40% of the couple's combined net income. If the formula produces a number that pushes past that cap, the award is reduced to land at exactly 40%.
A worked example
Suppose one spouse earns $100,000 in net income and the other earns $40,000. Here's how the math works:
| Step | Calculation | Result |
|---|---|---|
| 33.3% of paying spouse's net income | $100,000 x 0.333 | $33,300 |
| 25% of receiving spouse's net income | $40,000 x 0.25 | $10,000 |
| Annual maintenance (before cap check) | $33,300 - $10,000 | $23,300 / year |
| 40% cap check | $40,000 + $23,300 = $63,300 vs. 40% of $140,000 = $56,000 | Cap applies: award reduced to $16,000/yr |
In that example, the formula produced $23,300 a year. But adding $23,300 to the receiving spouse's $40,000 income gives $63,300, which exceeds 40% of their combined $140,000 income ($56,000). So the court would reduce the maintenance to bring the receiving spouse's total to exactly $56,000 a year, meaning a $16,000 annual maintenance payment instead.
When the formula doesn't apply
If the couple's combined gross income exceeds $500,000, the court moves outside the standard guidelines and exercises broader discretion. The same formula factors still inform the analysis, but the court isn't bound by the math. If the paying spouse is already under a child support or maintenance order from a prior case, that also takes the calculation outside the standard guidelines.
How long does maintenance last in Illinois?
Duration is calculated as a percentage of the marriage length. The longer the marriage, the larger the percentage, and therefore the longer the payments continue. For marriages under 20 years, Illinois uses a sliding scale multiplier. For marriages of 20 years or more, the court has the option to order maintenance for a period equal to the marriage's length, or to order it indefinitely.
| Marriage length | Multiplier | Example duration |
|---|---|---|
| Under 5 years | 20% | 4-year marriage = 0.8 years (~10 months) |
| 5 years | 20% | 1 year |
| 6 years | 24% | ~1.4 years |
| 7 years | 28% | ~2 years |
| 8 years | 32% | ~2.6 years |
| 9 years | 36% | ~3.2 years |
| 10 years | 40% | 4 years |
| 12 years | 48% | ~5.75 years |
| 15 years | 60% | 9 years |
| 19 years | 76% | ~14.4 years |
| 20 years or more | Court's discretion | Permanent or equal to marriage length |
These multipliers start at 20% for marriages under five years and increase by 4% for each additional year of marriage, capping at 80% for a 19-year marriage. Keep in mind that a judge can deviate from these numbers based on the facts of your case. The table gives you a reasonable starting point, not a guaranteed outcome.
Types of spousal maintenance in Illinois
Illinois law recognizes several forms of maintenance, and courts can order different types depending on what the situation calls for. A 2022 update to the Illinois Marriage and Dissolution of Marriage Act formalized the five categories currently in use.
Temporary maintenance
Ordered while the divorce case is still pending in court. It ends the moment the divorce is finalized and is usually credited toward the total support obligation. If you think you'll need temporary maintenance, request it in your initial filing. You can ask for it later, but starting the process early is simpler.
Fixed-term maintenance
The most common post-divorce type. Payments run for a specific number of years and then stop. Courts typically use fixed-term maintenance when one spouse gave up a career or educational opportunities during the marriage and needs time to become self-supporting. The duration table above reflects fixed-term calculations.
Reviewable maintenance
Ordered for a set period, then reviewed by the court to decide whether it should continue, change in amount, or end. This is common in longer marriages where both spouses' circumstances are still in flux at the time of the divorce. Neither party assumes it will automatically renew or terminate.
Permanent (indefinite) maintenance
Reserved for marriages of 20 years or more. The court can order payments for the remaining life of the receiving spouse or for a period equal to the marriage length. Truly permanent maintenance is most common when the receiving spouse is unlikely to become self-supporting due to age, health, or decades spent out of the workforce.
Lump-sum maintenance
A single one-time payment that covers the entire maintenance obligation. Both spouses must agree to this approach, and a court must approve it. In practice, lump-sum arrangements often involve an offset against marital property rather than a cash payment. For example, one spouse might retain more equity in the family home in exchange for waiving future maintenance payments. You can explore how property is divided on the equitable distribution in Illinois page.
Modifying or ending a maintenance order
Life doesn't stand still after a divorce, and Illinois law recognizes that. Either spouse can petition the court to modify a maintenance order if there has been a substantial change in circumstances since the order was originally entered.
When modification may be appropriate
Courts will review modification requests when something material has changed for either spouse, such as a significant income increase or reduction, a serious health issue, a change in parenting responsibilities, or a major shift in cost of living. The person requesting the change carries the burden of showing that the change is real and substantial, not just temporary or minor. See the guide to changing alimony after divorce for a fuller breakdown of what this process looks like.
When maintenance ends automatically
Certain life events trigger automatic termination of a maintenance obligation without requiring a court modification. These include the death of either spouse, the receiving spouse's remarriage, and the receiving spouse cohabiting with a new romantic partner on a marriage-like basis. Illinois courts take cohabitation claims seriously, and the paying spouse must file a motion and present evidence if they believe cohabitation is occurring.
Important note on negotiated agreements
Spouses can agree to maintenance terms outside of court and submit those terms for judicial approval. Courts almost always honor agreements that are voluntary, fair, and not unconscionable. If both spouses agree on an amount and duration that differ from the formula, that flexibility exists. Mediation is often the most efficient path to reaching those agreements. Learn more about how Hello Divorce approaches uncontested divorce in Illinois when both parties are working toward agreement.
Tax treatment of maintenance payments
For divorces finalized on or after January 1, 2019, federal tax law changed significantly. Maintenance payments are no longer deductible for the paying spouse and are no longer reportable as income for the receiving spouse. This is a meaningful planning point: the net cost of maintenance to the paying spouse is higher than it was under the old rules, while the receiving spouse keeps the full payment without tax exposure. If you have questions about how this intersects with your overall financial picture, you can read more on the Illinois alimony tax deductibility page.
Maintenance questions are easier to answer with the right support
Whether you expect to pay maintenance, receive it, or aren't sure yet, Hello Divorce can connect you with an Illinois-experienced attorney or financial analyst for flat-rate support.
Schedule your free 15-minute callFrequently asked questions about Illinois maintenance
Is maintenance automatic in an Illinois divorce?
No. Maintenance is never automatic in Illinois. A judge weighs a range of factors including each spouse's income, the length of the marriage, any career sacrifices made during the marriage, and each person's ability to be self-supporting. The court only awards maintenance when there is a genuine financial need and a real ability to pay. Simply earning more than your spouse does not automatically result in a maintenance obligation.
Can we agree on maintenance without going to court?
Yes. Spouses can negotiate a maintenance agreement on their own or through mediation and submit it to the court for approval. As long as the agreement is voluntary, was reached without coercion, and is not grossly unfair to one party, courts generally approve it. Settling maintenance by agreement avoids a hearing, reduces legal costs, and lets both spouses control the outcome rather than leaving the decision to a judge.
Does adultery affect maintenance in Illinois?
Generally, no. Illinois is a no-fault divorce state, meaning marital misconduct, including infidelity, does not factor into whether maintenance is awarded or how much is paid. The court focuses on the financial circumstances of both spouses rather than who did what during the marriage. There are rare exceptions where financial misconduct or dissipation of marital assets becomes relevant, but standard adultery on its own does not change a maintenance outcome. You can read more on the Illinois adultery and divorce page.
What happens to maintenance if my former spouse moves in with someone new?
If the receiving spouse begins cohabiting with a new romantic partner on a conjugal basis, Illinois law allows the paying spouse to petition the court to terminate maintenance. Cohabitation doesn't mean simply sharing a home with someone. The court looks for a relationship that functions like a marriage, with shared finances, domestic partnership, and ongoing intimacy. The paying spouse must file a motion and present evidence of cohabitation; maintenance does not end automatically.
Is maintenance taxable income in Illinois?
For divorces finalized on or after January 1, 2019, federal tax rules changed. The paying spouse can no longer deduct maintenance payments, and the receiving spouse does not include them as taxable income. Divorces finalized before January 1, 2019 operate under the old rules, where maintenance was deductible for the payer and taxable for the recipient. If you are negotiating or modifying a maintenance agreement, the tax treatment matters significantly for both parties.
Can I request maintenance if we were only married for a short time?
Yes, you can request it, but short marriages typically produce shorter maintenance periods when support is awarded at all. Illinois uses a multiplier of 20% for marriages under five years, so a three-year marriage would generate a maintenance period of roughly seven months if the court awards it. Whether maintenance is granted at all still depends on the financial circumstances of both spouses, not just the length of the marriage.
Illinois court resources and legal aid
The following official Illinois resources can help you understand your rights and access forms, self-help guidance, and legal aid in your county.
References & further reading
Sources cited in this article and recommended for further reading.
- 1. Illinois General Assembly. "750 ILCS 5/504 Maintenance" — The full text of the Illinois Marriage and Dissolution of Marriage Act's maintenance section, the controlling statute for all spousal support calculations in Illinois. Illinois General Assembly, current through 2025 legislative session. Accessed April 2026.
- 2. Illinois Legal Aid Online. "What are maintenance payments after a divorce?" — Plain-language overview of Illinois maintenance law for self-represented litigants, including duration charts and termination rules. Illinois Legal Aid Online, updated 2025. Accessed April 2026.
- 3. Equitable Mediation. "Illinois Maintenance Guide: Calculation, Duration and Divorce Planning" — In-depth guide covering the 2019 net income formula change, duration multipliers, and mediation strategies for reaching maintenance agreements. Equitable Mediation, February 2026. Accessed April 2026.
- 4. O'Flaherty Law. "Recent Changes to Illinois Alimony Law 2025" — Summary of the 2025 Public Act 103-967 change to how maintenance accrues during incarceration. O'Flaherty Law, July 2025. Accessed April 2026.
- 5. Hello Divorce. "Equitable distribution of property in Illinois" — Overview of how Illinois courts divide marital assets, relevant to understanding the intersection of property division and maintenance awards. hellodivorce.com. Accessed April 2026.
- 6. Hello Divorce. "Alimony changes after divorce" — Guide to modifying or terminating a maintenance order after the divorce is finalized, including what qualifies as a substantial change in circumstances. hellodivorce.com. Accessed April 2026.