Spousal maintenance, sometimes called alimony, is one of the most misunderstood parts of a Bloomington divorce. Many people enter the process assuming it works the same way it does in other states, or that a judge will simply split the difference between two incomes. Illinois law is more structured than that, and understanding how the calculation works can change how you approach your entire case.
What Is Spousal Maintenance Under Illinois Law?
Illinois law defines spousal maintenance as financial support paid by one spouse to the other after a divorce, governed by 750 ILCS 5/504.
Under 750 ILCS 5/504, Illinois courts have the authority to award maintenance to either spouse. The law does not treat maintenance as automatic. A court first determines whether an award is appropriate at all, then calculates the amount and duration.
The spouse requesting maintenance does not have to prove fault. Illinois is a no-fault divorce state, and the reasons a marriage ended typically do not factor into whether maintenance is awarded.
Does Illinois Use a Formula to Calculate Maintenance?
For combined gross incomes under $500,000, Illinois uses a statutory formula to calculate the maintenance amount before applying a proportional cap.
Yes, and the formula is straightforward once you break it down. Under 750 ILCS 5/504(b-1), when the combined gross income of both spouses does not exceed $500,000, courts apply the following calculation:
- Take 33.3% of the paying spouse’s net annual income
- Subtract 25% of the receiving spouse’s net annual income
- The result is the annual maintenance amount
One critical limit applies: the receiving spouse’s total income after maintenance, including the payment itself, cannot exceed 40% of the couple’s combined net income. This cap prevents maintenance from creating an income imbalance in the other direction.
When combined gross income exceeds $500,000, the court has broader discretion to set a different amount based on the factors listed in the statute.
What Factors Do Illinois Courts Consider?
Illinois courts consider the statutory factors listed in 750 ILCS 5/504(a), along with any other relevant circumstances, to determine whether maintenance is appropriate and, if so, the amount and duration.
Even when the formula applies to the amount, the decision to award maintenance and how long it lasts still depends on judicial review. Courts examine:
- Each spouse’s income, needs, and realistic earning capacity
- Whether one spouse sacrificed career advancement to support the household or raise children
- The standard of living established during the marriage
- The length of the marriage
- The age and physical condition of each spouse
A spouse who left the workforce for a decade to raise children in a long marriage will face very different circumstances than a spouse in a two-year marriage where both partners worked full-time. Illinois courts weigh these realities carefully.
How Long Does Spousal Maintenance Last in Illinois?
Illinois uses a statutory multiplier tied to the length of the marriage to determine maintenance duration. The multiplier increases as the length of the marriage increases, starting at 0.20 for marriages lasting less than five years and increasing gradually until reaching 0.80 for marriages lasting 19 years but less than 20 years. For marriages lasting 20 years or more, the court may award maintenance for a period equal to the length of the marriage or for an indefinite term.
Duration is calculated using a multiplier applied to the length of the marriage. Under 750 ILCS 5/504(b-1)(1)(B), the multipliers work as follows:
- Marriages of fewer than 5 years: multiply the marriage length by 0.20
- Marriages of 5 years or more but less than 6 years: multiply by 0.24
- Marriages of 6 years or more but less than 7 years: multiply by 0.28
- Marriages of 7 years or more but less than 8 years: multiply by 0.32
- Marriages of 8 years or more but less than 9 years: multiply by 0.36
- Marriages of 9 years or more but less than 10 years: multiply by 0.40
- Marriages of 10 years or more but less than 20 years: the multiplier continues increasing by 0.04 each year until reaching 0.80 for marriages of 19 years or more but less than 20 years
- Marriages of 20 years or more: the court may order maintenance for a period equal to the length of the marriage or for an indefinite term
For example, a 10-year marriage could result in a maintenance period of roughly 6 years under this formula. Courts can still deviate from these guidelines when the circumstances justify it, but the multiplier framework gives both spouses a reasonable baseline for planning.
Can Maintenance Be Modified or Terminated?
Illinois maintenance orders can be modified if there is a substantial change in circumstances, and they terminate automatically upon the receiving spouse’s remarriage.
Maintenance is not always permanent, even when initially ordered as such. Under 750 ILCS 5/510, maintenance may generally be modified or terminated when there has been a substantial change in circumstances, unless the maintenance award was made non-modifiable by agreement or court order. Changes such as significant income changes, job loss, or changes in financial need may support a request for modification.
Maintenance terminates automatically if the receiving spouse remarries. Courts can also terminate or reduce maintenance if the receiving spouse begins cohabitating with a new partner on a resident, continuing basis, since that arrangement may reduce their financial need.
If your income changes significantly after your divorce is finalized, revisiting your maintenance order with an attorney is worth considering.
What About Taxes and Maintenance Payments?
Under federal law, maintenance payments are neither deductible for the paying spouse nor taxable income for the receiving spouse for divorces finalized after December 31, 2018.
This is a point that catches many people off guard. The Tax Cuts and Jobs Act of 2017 changed the federal tax treatment of maintenance for all divorce agreements finalized after December 31, 2018. Previously, the paying spouse could deduct maintenance and the receiving spouse reported it as income. That treatment no longer applies to new agreements, which affects how both sides should think about the net financial impact of any proposed figure.
Talk to a Bloomington Divorce Attorney Before You Agree to Anything
Spousal maintenance negotiations can shape your financial life for years. Whether you are concerned about paying more than the formula requires or ensuring you receive what you are entitled to, having a clear picture of Illinois law before those conversations start puts you in a far better position.
At Koth, Gregory & Nieminski, P.C., we approach every divorce case with consistency, accountability, and care. We come prepared, stay punctual with every deadline, and bring the knowledge your situation demands. If you have questions about spousal maintenance or any aspect of your Bloomington divorce, contact us or call us at 309-491-4595 to schedule a consultation.
