Divorce Maintenance in Illinois: Amount, Duration, and Changes

Illinois divorce maintenance (still called alimony by many people) is set by a statutory formula: the court takes 33⅓% of the paying spouse’s net annual income and subtracts 25% of the receiving spouse’s net annual income, with a hard cap so the recipient’s own earnings plus maintenance don’t exceed 40% of the couple’s combined net income.¹ The formula applies when the couple’s combined gross annual income is under $500,000 and the paying spouse has no prior support obligation. How long payments last depends on how long you were married, and for marriages of 20 years or more, a judge can order payments that run as long as the marriage did or stay in place indefinitely.

Will a Court Award Maintenance in the First Place

Before any numbers get run, the judge decides whether maintenance is appropriate at all. The court weighs each spouse’s income, the property each person received in the division, and overall financial needs.¹ If both spouses can maintain a reasonable standard of living on their own, no maintenance is awarded just because one earns more.

Earning capacity is where most of the real analysis happens. A spouse who stepped out of the workforce for a decade to raise children has a different earnings picture than one who stayed on a career track. The court looks at how long it would realistically take to get the education, training, or experience needed to become self-supporting, and whether that’s feasible given age and health.¹ The marital standard of living matters too, as a benchmark rather than a guarantee. A long marriage that supported a comfortable lifestyle carries different weight than a short marriage between two working professionals.

How Much and How Long

Once the court decides maintenance is warranted, the statutory guidelines take over, provided combined gross annual income stays below $500,000 and the payer has no preexisting child support or maintenance obligation from an earlier relationship.¹

The Amount

Take 33⅓% of the payer’s net annual income. Subtract 25% of the recipient’s net annual income. That’s the preliminary payment. Then check the cap: the recipient’s own net income plus the maintenance cannot exceed 40% of the couple’s combined net income. If it does, the payment is reduced until it fits.¹

The Duration

Duration is the length of the marriage (measured from the wedding to the date the divorce petition was filed) multiplied by a factor that increases year by year. The multipliers run from 0.20 for marriages under five years up to 0.80 for marriages of 19 to 20 years.¹ Some benchmarks:

Under 5 years: 0.20 — a 4-year marriage yields about 10 months
10 to 11 years: 0.44 — a 10-year marriage yields roughly 4.4 years
15 to 16 years: 0.64 — a 15-year marriage yields roughly 9.6 years
19 to 20 years: 0.80

For marriages of 20 years or more, the judge can order maintenance for a period equal to the length of the marriage or for an indefinite term.¹ That’s where the stakes get much higher, and where contested cases are usually fought hardest.

When the Formula Doesn’t Control

If combined gross income is $500,000 or more, if the payer already has a support obligation from a prior relationship, or if combined maintenance and child support would exceed 50% of the payer’s net income, the formula drops out. The court uses its discretion instead, applying the same factors it uses to decide whether maintenance is appropriate.¹ Expect these cases to take longer and cost more; forensic accountants and vocational experts are common.

Even inside the guidelines, a judge can deviate from the formula if applying it would be inappropriate, so long as the reasons are explained on the record.

Types of Awards

Not every maintenance order looks the same.

Fixed-term maintenance runs for a set number of years calculated from the duration multipliers. It’s the most common form for marriages under 20 years, and both spouses know exactly when payments end.
Indefinite maintenance has no scheduled end date and is typically reserved for marriages of 20 years or more. Indefinite doesn’t mean permanent; the order can still be modified or terminated if circumstances change.¹
Reviewable maintenance runs for a set period, then the court holds a hearing before it expires to reassess. This fits well when the recipient is retraining or in school with an uncertain finish line.

Taxes on Maintenance

For any Illinois divorce finalized after December 31, 2018, maintenance has no federal income tax effect for either side. The payer cannot deduct the payments, and the recipient does not report them as income.² This came out of the Tax Cuts and Jobs Act, which repealed the old deduction-and-inclusion framework.³ Illinois follows the federal treatment.

This matters when negotiating. A $3,000 monthly payment costs the payer more in real dollars than it did under the old rules, and the recipient keeps the full amount tax-free. Run the numbers with your actual tax brackets before agreeing to a figure.

Narrow exception: if the divorce was finalized on or before December 31, 2018, the old tax rules still apply unless the parties later modified the agreement and the modification expressly adopts the new rules.²

Changing or Ending the Order

Maintenance isn’t necessarily locked in. Either spouse can ask the court to modify or terminate payments by showing a substantial change in circumstances since the order was entered.⁴ Job loss, a significant health event, or a major income swing can qualify. The court will look at whether any job loss was in good faith, what efforts the recipient has made toward self-sufficiency, and whether either party’s earning capacity has shifted.

Automatic Termination

Unless the parties specifically agreed otherwise in a court-approved written agreement, maintenance ends automatically when any of these happen:⁴

Either spouse dies.
The recipient remarries. The recipient must notify the payer at least 30 days before the wedding, and maintenance ends by operation of law on the remarriage date.
The recipient cohabits with a new partner on a continuing, conjugal basis. The payer can petition the court, maintenance ends as of the date the court finds cohabitation began, and the payer is entitled to reimbursement for any payments made after that date.

The cohabitation rule catches people off guard more than any other part of maintenance law. The payer doesn’t need to prove a formal commitment or shared finances. A romantic, domestic partnership under one roof is enough, and the reimbursement right can mean owing back thousands of dollars.

Spouses can also negotiate maintenance terms that differ from the guidelines and lock them in as non-modifiable in amount, duration, or both. If the agreement is silent on modifiability, either side can later seek a change on a substantial change in circumstances. Courts honor the parties’ agreement unless the terms are unconscionable given their economic circumstances.

Filing for Maintenance

You can request maintenance as part of a Petition for Dissolution of Marriage or by a separate motion filed with the circuit court clerk. Filing fees vary by county, so check with your local clerk. After filing, a sheriff or licensed process server must deliver the petition and summons to your spouse.⁵

The Financial Affidavit

Illinois law requires a standardized financial affidavit in any case involving maintenance.⁶ It covers monthly income, recurring expenses, debts, and assets, and you back it up with tax returns, recent pay stubs, and bank statements. The approved form is on the Illinois Courts website.⁷ A misleading or reckless affidavit triggers mandatory penalties including paying the other side’s attorney’s fees. Inconsistencies between your affidavit and your supporting documents are the fastest way to lose credibility.

Temporary Support While the Case Is Pending

Divorce cases can run for months. If you need support before the final judgment, you can ask for temporary maintenance (pendente lite). The court decides these requests on a summary basis using financial affidavits and supporting documents rather than a full trial.⁶ Temporary orders can also cover attorney’s fees, which matters when one spouse controls most of the household money.

If Payments Stop

A maintenance order is a court order, and ignoring it carries consequences. The main enforcement tool is income withholding: the court directs the payer’s employer to deduct the amount from each paycheck and send it to the State Disbursement Unit. If the payer is self-employed or simply refuses, the recipient can file a petition for contempt of court. A contempt finding can bring fines and, in extreme cases, jail. The court can also enter a judgment for the full arrearage, which accrues interest and can be collected like any other money judgment. Don’t wait if payments stop. Arrearages pile up fast, and courts take enforcement more seriously when the recipient moves promptly.

Health Insurance Is Not Part of Maintenance

Losing health coverage is one of the first financial hits a non-working or lower-earning spouse takes. If you were covered under your spouse’s employer plan, you qualify for COBRA continuation coverage for up to 36 months after the divorce is finalized.⁸ You pay the full premium plus a 2% administrative fee, so the real cost is often much higher than what you saw deducted from your spouse’s paycheck. You must notify the health plan within 60 days of the divorce to preserve COBRA rights. A Marketplace plan with premium tax credits, or Medicaid if your income drops enough, may be cheaper. The cost of coverage is a legitimate factor in maintenance negotiations.

1
Illinois General Assembly. 750 ILCS 5/504 – Maintenance
2
IRS. Topic No. 452, Alimony and Separate Maintenance
3
Office of the Law Revision Counsel. 26 USC 71 – Repealed
4
Illinois General Assembly. 750 ILCS 5/510 – Modification, Termination
5
Illinois Courts. Summons
6
Illinois General Assembly. 750 ILCS 5/501 – Temporary Relief
7
Illinois Courts. Financial Affidavit
8
U.S. Department of Labor. FAQs on COBRA Continuation Health Coverage for Workers