Alimony, which is referred to as spousal maintenance in Illinois, is financial support that may be granted to an ex-spouse who cannot fully provide for their own needs. If an ex-spouse makes a lower income, or in some cases no income at all (for example, a stay-at-home parent), they may be entitled to support from their former partner. The Illinois Marriage and Dissolution of Marriage Act details the criteria that may determine when alimony may be awarded. There are four different types of alimony that may be available in a divorce:

Temporary Alimony 

Temporary alimony is financial support granted to one spouse while the couple’s divorce is pending. This support is intended to cover a spouse’s living expenses, and it is typically awarded in situations where the parties have decided to no longer live together during the divorce. Temporary alimony ends once the divorce is finalized, and if necessary it may be replaced by a more permanent form of spousal support.. 

Fixed-Term Alimony 

Fixed-term alimony is granted to a spouse for a set duration. This is awarded typically when a person cannot currently financially support themselves, and it will give them time to become self-supporting. Fixed-term spousal support may be granted in circumstances such as: 

Formerly known as alimony, spousal maintenance is established through an agreement between the spouses or a court order. Courts do not always award maintenance. Each divorce is evaluated on a case-by-case basis. A divorce attorney knowledgable in spousal maintenance laws can help you understand your potential maintenance entitlement or obligation during your divorce.

Formula to Calculate Spousal Maintenance

Illinois court utilizes a formula to calculate the amount of spousal maintenance one may be awarded: Twenty-five percent of the payee's net income is subtracted from 33.33 percent of the payer's net income to find the annual maintenance obligation. The maintenance must not surpass 40 percent of the combined income of the divorcing spouses.

The duration of spousal maintenance is usually determined by the duration of the marriage. For example, with a 10-year marriage, the petitioning spouse may be awarded maintenance for four years.

 If you want to get a divorce and your spouse earns a significantly higher salary than you, you may be able to receive alimony. Also known as spousal support, alimony is intended to help financially support a spouse until he or she has gained the necessary education or training to obtain a higher-paying job. In the majority of cases, alimony is temporary. However, permanent alimony is sometimes awarded. 

Ending Spousal Support Payments in Illinois

In Illinois, the duration of alimony is usually based on the length of the marriage. The longer the marriage, the longer a spouse may recieve maintenance payments. If the couple was married 20 years or longer, the recipient may be permanently entitled to maintenance. However, there are certain circumstances in which spousal maintenance terminates:

• Cohabitation - If you move in with a romantic partner, your ex-spouse will no longer be obligated to pay you alimony. Living with someone as a platonic roommate is not sufficient enough to stop support payments. The paying spouse will have to contact the court and request a maintenance termination on the basis of cohabitation. 

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Getting a divorce means a lot of changes will occur. One of the most noticeable is your change in income. Most married couples live and run their household off of two incomes. When you get divorced, you have to transition from sustaining a household under shared incomes to meeting your needs with your income alone. For spouses who have not worked during their marriage or who have recently entered the workforce, this can be problematic. People who make significantly less than their spouses may also be concerned about their ability to support themselves after divorce. In these cases, spousal maintenance may be awarded. But what happens when your situation does not fall under the normal guidelines for calculation?

Illinois Spousal Support Guidelines

There are a number of factors that can affect whether or not you receive a maintenance award. These factors can include the income of both you and your spouse, whether or not either of you were out of the workforce for a period of time, and each of your needs. If the court finds that an award is appropriate, and you and your spouse earn a combined income of less than $500,000, the court will follow normal guidelines. This means spousal maintenance will be calculated by taking 33.3 percent of the income of the paying spouse and subtracting 25 percent of the income of the receiving spouse. Maintenance will usually be paid monthly, but in some cases, it may be paid annually or in a lump sum at the time of divorce.

Divorce is always complicated, no matter how you look at it. There are many issues you must settle before you can finalize your divorce, one of those being the issue of alimony or spousal maintenance. In Illinois divorce cases, spousal maintenance is never guaranteed -- some people will ask for maintenance and not receive it, some will never even bring the issue up and some are actually awarded maintenance when they seek it. For some people, maintenance is a necessity to help them survive, at least for the first couple of months after the divorce. Illinois spousal maintenance laws changed starting January 1, 2019. These laws affect the way spousal maintenance is calculated, so it is important that you understand the changes if you have not yet finalized your divorce.

Old Maintenance Laws

Prior to 2019, spousal maintenance was calculated by taking 30 percent of the payer’s income and subtracting 20 percent of the receiver’s income. This was a valid calculation for any couple whose combined annual income was less than $500,000, though the total maintenance awarded was not able to be more than 40 percent of the couple’s combined income when adding the payment to the receiver’s income.