This guide explains the legal framework for spousal maintenance in Illinois, including the factors courts consider, the formula used to calculate payments, and the circumstances under which maintenance can be modified or terminated.
What Is Alimony in Illinois?
Maintenance vs. Alimony Terminology
Illinois officially uses the term “maintenance” rather than “alimony” in its statutes and court proceedings. The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/) governs all aspects of spousal support, and you will see “maintenance” used in court orders, legal documents, and judicial decisions. However, many people still use “alimony” when searching for information, and the terms refer to the same concept: financial support paid by one spouse to the other during or after divorce.
How Common Is Maintenance in Illinois Divorces?
Not every divorce involves maintenance. Courts only award maintenance when one spouse demonstrates a need for support and the other spouse has the ability to pay. Most couples negotiate maintenance terms through settlement rather than leaving the decision to a judge.
Whether you are likely to receive or pay maintenance depends on factors like the length of your marriage, the income disparity between you and your spouse, and whether one spouse sacrificed career opportunities to support the household or raise children.
How Do Illinois Courts Decide Whether to Award Maintenance?
The Benchmark Test for Maintenance
Before ordering maintenance, Illinois courts must first determine whether maintenance is appropriate at all. Courts apply what is known as the “benchmark test,” established in Bentley v. Bentley, 84 Ill. 2d 97, 417 N.E.2d 1309 (Ill. 1981), and reinforced in In re Marriage of Cheger, 213 Ill. App. 3d 371, 571 N.E.2d 1135 (Ill. App. 4th Dist. 1991). This test examines the reasonable needs of the spouse seeking maintenance in light of the standard of living established during the marriage, the marriage duration, the ability to become self-supporting, income-producing property, and the value of non-marital property.
The 14 Statutory Factors
Under 750 ILCS 5/504(a), courts must consider all relevant factors before awarding maintenance. The statute lists 14 specific considerations:
- Income and property: Each party’s current income and property holdings, including non-marital assets
- Financial needs: The reasonable needs of each spouse based on the marital standard of living
- Earning capacity: Each party’s realistic present and future ability to earn income
- Career impairment: Whether seeking maintenance delayed education, training, or employment opportunities
- Parental responsibilities: How childcare duties affect a spouse’s ability to work
- Marriage duration: Longer marriages generally support larger or longer maintenance awards
- Age, health, and circumstances: Physical and mental health, vocational skills, employability, and overall station in life
- Tax consequences: How maintenance payments will affect each party’s tax situation
- Contributions to spouse’s career: Whether one spouse helped the other obtain education, training, or career advancement
- Valid agreements: Any prenuptial or postnuptial agreements addressing maintenance
- Any other just and equitable factor: A catch-all provision giving courts broad discretion
What Courts Cannot Consider
Illinois is a purely no-fault divorce state, and this principle extends to maintenance. Under 750 ILCS 5/504, courts must award maintenance “without regard to marital misconduct.” This means that infidelity, abuse, or other bad behavior during the marriage cannot be used to increase or decrease a maintenance award. The focus remains solely on financial circumstances and the factors listed in the statute.
How Is Maintenance Calculated in Illinois?
The Statutory Formula for Amount
When combined gross annual income falls below $500,000, Illinois courts apply a guideline formula under 750 ILCS 5/504(b-1)(1)(A). The formula calculates maintenance as follows: take 33⅓% of the payor’s net annual income and subtract 25% of the payee’s net annual income. The result cannot exceed 40% of the parties’ combined net income.
For example, if the paying spouse earns $120,000 net annually and the receiving spouse earns $40,000 net annually, the calculation would be: ($120,000 × 0.333) − ($40,000 × 0.25) = $40,000 − $10,000 = $30,000 per year, or $2,500 per month. Courts then verify this amount does not exceed 40% of the combined $160,000 net income ($64,000), which it does not.
How Duration Is Determined
Maintenance duration is calculated by multiplying the length of the marriage by a statutory multiplier under 750 ILCS 5/504(b-1)(1)(B). The multipliers increase with marriage length:
- Marriages under 5 years: multiply by .20
- Marriages of 5-6 years: multiply by .24
- Marriages of 6-7 years: multiply by .28
- Marriages of 7-8 years: multiply by .32
- Marriages of 8-9 years: multiply by .36
- Marriages of 9-10 years: multiply by .40
- Marriages of 10-11 years: multiply by .44
- Marriages of 15-16 years: multiply by .60
- Marriages of 19-20 years: multiply by .80
- Marriages of 20+ years: court discretion for indefinite term or period equal to marriage length
Marriage length is measured from the wedding date to the date the divorce action was filed.
When Courts Deviate from Guidelines
The statutory guidelines are not mandatory. In In re Marriage of Brill, 2017 IL App (2d) 160604, 87 N.E.3d 302 (Ill. App. 2d Dist. 2017), the court confirmed that judges may deviate from the formula if its application would be inappropriate. Factor 14—”any other just and equitable factor”—gives courts broad discretion to adjust maintenance based on the specific circumstances of each case. When combined gross income exceeds $500,000, the guidelines do not apply at all, and courts determine maintenance based solely on the statutory factors.
What Types of Maintenance Can Illinois Courts Award?
Under 750 ILCS 5/504(b-4.5), courts must designate the type of maintenance awarded. Each type has different implications for modification and termination.
Fixed-Term Maintenance
Fixed-term maintenance ends on a specific date set by the court. Once that date passes, the recipient is barred from seeking any further maintenance. This type is common in shorter marriages where the recipient needs time to become self-supporting but is expected to achieve financial independence within a defined period.
Indefinite Maintenance
For marriages lasting 20 years or longer, courts have discretion to award maintenance for a period equal to the marriage length or for an indefinite term. Indefinite maintenance has no set end date and continues until modified or terminated under 750 ILCS 5/510. This type recognizes that after long marriages, one spouse may never fully regain the earning capacity sacrificed during the marriage.
Reviewable Maintenance
Reviewable maintenance includes a mandatory court review date to assess the recipient’s progress toward self-sufficiency. Courts use this type when they want to monitor whether the receiving spouse is making reasonable efforts to become employed or improve earning capacity. At the review hearing, the court may extend, reduce, or terminate maintenance based on the recipient’s circumstances.
Courts may also award temporary maintenance during the divorce proceedings. As explained in In re Marriage of Hochstatter, 2020 IL App (3d) 190132, 152 N.E.3d 1045 (Ill. App. 3rd Dist. 2020), the purpose of temporary maintenance is “to balance the equities between the parties as fairly as possible while the dissolution case is pending.” Temporary orders terminate when the final judgment is entered.
When Does Maintenance End or Change?
Automatic Termination Events
Under 750 ILCS 5/510(c), maintenance terminates automatically upon any of the following events:
- Death of either the paying or receiving spouse
- Remarriage of the maintenance recipient
- The recipient’s cohabitation with another person on a resident, continuing, conjugal basis
No court order is required for termination when these events occur. The obligation simply ends by operation of law.
Cohabitation and Maintenance
Cohabitation is one of the most litigated maintenance issues in Illinois. The Illinois Supreme Court addressed this in In re Marriage of Sappington, 106 Ill. 2d 456, 478 N.E.2d 376 (Ill. 1985), holding that “conjugal” does not require proof of sexual intercourse. An impotent individual can still have a conjugal relationship if the living arrangement resembles a husband-and-wife relationship.
Courts apply the six-factor test from In re Marriage of Thornton, 373 Ill. App. 3d 200, 867 N.E.2d 102 (Ill. App. 3rd Dist. 2007), examining the length of the relationship, time spent together, nature of shared activities, interrelation of personal and financial affairs, vacations together, and holidays together. The party seeking termination must first establish a prima facie case of cohabitation, then the burden shifts to the recipient to disprove it.
Modifying Maintenance After Divorce
Maintenance can be modified after divorce only upon showing a “substantial change in circumstances” under 750 ILCS 5/510(a-5). Routine changes are insufficient. The paying spouse’s retirement does not automatically justify a reduction—courts consider age, health, retirement timing, and whether sufficient assets exist to continue payments. As noted in In re Marriage of Folley, 2021 IL App (3d) 180427, 199 N.E.3d 267 (Ill. App. 3rd Dist. 2021), income reduction alone does not constitute a substantial change if the payor has sufficient assets to meet the obligation.
Parties may agree to make maintenance non-modifiable in their settlement agreement. If maintenance is designated non-modifiable, neither party can later seek to change the amount or duration regardless of changed circumstances.
How Do Taxes Affect Illinois Maintenance?
Post-2018 Tax Treatment
The Tax Cuts and Jobs Act of 2017 permanently changed how maintenance is taxed for divorces finalized after December 31, 2018. Under current law, maintenance payments are not tax-deductible for the paying spouse and are not taxable income for the receiving spouse. This represents a significant shift from prior law, where payors could deduct maintenance and recipients reported it as income.
This change affects negotiation dynamics. Because payors no longer receive a tax benefit, they may have less ability to pay higher amounts. Recipients, however, receive the full amount without owing taxes. Both parties should account for these tax implications when negotiating maintenance terms.
Pre-2019 Divorce Orders
Divorce orders entered before January 1, 2019, retain the old tax treatment unless the parties specifically agree to adopt the new rules in a modification. Payors under pre-2019 orders can still deduct maintenance, and recipients must still report it as taxable income. If you have a pre-2019 order and are considering modification, evaluate whether adopting the new tax treatment would benefit or harm your position.
What Should You Expect When Seeking or Paying Maintenance?
Most Maintenance Disputes Settle
While courts have the authority to decide maintenance disputes at trial, most cases never reach that point. You and your spouse will likely negotiate maintenance terms through direct discussion, mediation, or attorney-assisted settlement rather than leaving the decision entirely to a judge.
Preparing for Maintenance Negotiations
Whether you are seeking or potentially paying maintenance, thorough financial documentation strengthens your position. Illinois requires both spouses to complete detailed financial affidavits disclosing income, assets, debts, and expenses. Courts impose sanctions for intentionally inaccurate disclosures.
Gather tax returns, pay stubs, bank statements, and evidence of your marital standard of living. If you sacrificed career opportunities during the marriage, document the training or education you may need to become self-supporting. If you believe your spouse is underemployed, gather evidence of their earning capacity. The more thoroughly you document your financial circumstances, the better positioned you will be to reach a fair maintenance agreement or present your case to the court.
Frequently Asked Questions
Does Illinois still have alimony?
Yes. Illinois awards spousal support under the legal term “maintenance.” Courts apply statutory guidelines and 14 factors to determine whether maintenance is appropriate, how much should be paid, and for how long.
How long does maintenance last in Illinois?
Duration depends on your marriage length. Courts multiply the years of marriage by a statutory factor ranging from .20 for marriages under 5 years to .80 for marriages of 19-20 years. For marriages exceeding 20 years, courts have discretion to award maintenance for a period equal to the marriage length or indefinitely.
Can my spouse’s cohabitation end my maintenance obligation?
Yes. Under 750 ILCS 5/510(c), maintenance terminates automatically when the recipient lives with another person on a resident, continuing, conjugal basis. Illinois courts have held that cohabitation does not require proof of sexual intimacy—the focus is on whether the living arrangement resembles a spousal relationship.
Is maintenance taxable in Illinois?
For divorces finalized after December 31, 2018, maintenance is neither tax-deductible for the payor nor taxable income for the recipient. Orders entered before 2019 retain the old tax treatment unless the parties agree otherwise in a modification.
Can maintenance be modified after the divorce is final?
Maintenance can be modified upon showing a substantial change in circumstances unless the parties agreed to make it non-modifiable. Routine changes or voluntary income reductions typically do not meet this standard.
Does marital misconduct affect maintenance in Illinois?
No. Illinois law requires courts to award maintenance “without regard to marital misconduct.” Infidelity, abuse, or other fault-based conduct cannot increase or decrease a maintenance award.
Moving Forward with Your Illinois Divorce
Understanding how maintenance works in Illinois helps you prepare for negotiations and set realistic expectations. The statutory guidelines provide a framework, but every case depends on its specific circumstances. Courts retain discretion to deviate from the formula when fairness requires, and most couples ultimately reach settlement terms without trial.
If you have questions about maintenance in your Illinois divorce, contact Lafata Law to discuss your situation.
