Alimony in Illinois is governed by a statutory guideline formula. 

Whether you will get (or have to pay) maintenance/alimony in Illinois depends first upon whether your case is one in which maintenance is appropriate. 

To determine that, the court must first consider a variety of different factors, including: 

• Each spouse’s income and property (“Property” includes both marital and non-marital property); 

• Each spouse’s needs; 

• How much each spouse could realistically earn; 

• Whether the spouse who is seeking maintenance is making less money because s/he was a stay-at-home parent or delayed his/her own education, training, employment, or career opportunities due to the marriage; 

• Whether the earning capacity of the spouse who would be paying maintenance is or may be impaired; 

• The time it would take the spouse seeking maintenance to get education, training, and a job. 

• The standard of living established during the marriage; 

• The length of the marriage; 

• The age, health, station, occupation, vocational skills, employability, sources of income, liabilities and needs of each spouse; 

• All sources of public and private income including disability and retirement income; 

• The tax consequences of the property division in the divorce; 

• How much the spouse seeking maintenance contributed to the education, training, career, or license of the other spouse; 

• The terms of any valid prenuptial agreement; and 

• Any other factor that the court expressly finds to be just and equitable. 

If maintenance is appropriate in your situation then the court applies this guideline formula to calculate maintenance: 

33% of the payor’s net annual income minus 25% of the payee’s net annual income. The total award is capped so the payee's contribution does not exceed 40% of the couple’s combined net income. 

Because maintenance is based on NET incomes, calculating it can often be complex. To get a more precise idea about how much maintenance you might have to pay, or might receive, in your case, consult with an Illinois divorce financial planner or accountant. 

No. In Illinois, marital misconduct (i.e., cheating) has NO effect on support. 

No. In Illinois, marital misconduct (i.e., cheating) has NO effect on support. 

Illinois has no minimum length of marriage requirement for spousal support. However, the amount of time during which you are entitled to receive maintenance depends upon the amount of time you were married. 

The longer you were married, the longer the period of time you may be entitled to receive (or may have to pay) maintenance. 

Here is the calculation:  

Multiply the length of your marriage (from the day you were married until the day you or your spouse filed for divorce) by the appropriate factor: 

• less than 5 years (.20); 

• 5 > 6 years (.24); 

• 6 > 7 years (.28); 

• 7 > 8 years (.32); 

• 8 > 9 years (.36); 

• 9 > 10 years (.40); 

• 10 > 11 years (.44); 

• 11 > 12 years (.48); 

• 12 > 13 years (.52); 

• 13 > 14 years (.56); 

• 14 > 15 years (.60); 

• 15 > 16 years (.64); 

• 16 > 17 years (.68); 

• 17 > 18 years (.72); 

• 18 > 19 years (.76); 

• 19 > 20 years (.80). 

For a marriage of 20 or more years, maintenance lasts either as many years as the marriage, or for an indefinite term. 

No. If your marriage lasted more than 20 years the court may award maintenance for an “indefinite” period of time. Indefinite may be permanent, or it may not be permanent. Whether it is “permanent” depends on what you and your spouse agree on, or what a judge decides. 

It’s also important to note that, by statute, maintenance will end if  

• The spouse receiving maintenance remarries 

• Either spouse dies 

• The spouse receiving maintenance cohabits with another person on a continuing, conjugal basis. 

Finally, unless your marital settlement agreement specifically provides otherwise, maintenance is always modifiable based upon a substantial change in circumstances, which often included the paying spouse’s retirement. 

Because maintenance can be extremely complicated it’s best to consult with a good Illinois divorce lawyer to determine how the laws regarding maintenance will apply to the facts of your specific situation. 

There is no “average” amount of alimony/maintenance that's granted in every case. The amount and duration of maintenance you must pay or will receive is based upon the amount of money you and your spouse make, and the length of your marriage.