Money that one spouse pays to another spouse for support, both during and after divorce, may be called by different names. Depending upon the state you live in, such support may be referred to as alimony, maintenance, or spousal support. No matter what you call it, though, the laws surrounding spousal support are often complicated and vague.
How Maintenance Works
Whether one spouse will have to pay spousal support to another as part of a divorce depends upon the law of the state the couple lives in. A court can order one spouse to support the other spouse both during and after the divorce. The parties can also agree to such payments.
While most people think of alimony as something a divorcing husband pays to his soon-to-be ex-wife, the concept of spousal support is actually gender-neutral. In today’s society, it is not uncommon for a divorcing wife to be ordered to support her soon-to-be ex-husband. The question is not which gender pays the other, but which spouse needs support from the other, and who is able to pay it.
Calculating Support
The first question to answer before you try to calculate alimony is whether alimony is warranted in your divorce.
To make that determination, courts will look to a variety of factors. These factors may include the income and property of each spouse. Courts will also consider the needs of each spouse and the length of the marriage. They may also consider the standard of living established during the marriage, as well as other factors. The exact factors a court will consider depends upon the law of the state the court is in.
Unlike child support, many states don't have specific guidelines setting forth a formula for determining how much support one spouse will have to pay the other in a divorce. In those states, the questions of whether one spouse will have to pay to support the other during or after divorce and, if so, how much and for how long, are often left to the judge’s discretion. Illinois, however, is different.
Spousal Support in Illinois
In Illinois, spousal support is referred to as maintenance. Illinois has specific maintenance guidelines that apply to any case in which maintenance is appropriate. The statute lists 14 factors that you need to consider in order to determine whether maintenance is appropriate.
In Illinois, if a couple’s combined gross income is less than $500,000.00, and an award of maintenance is appropriate, a maintenance formula applies. That formula calculates maintenance as 33.3% of the paying spouse's net income minus 25% of the receiving spouse's net income. Spousal support is also capped so that the spouse receiving support can never get more than 40% of the couples' combined net income.
Illinois law also governs the length of time one spouse must pay the other maintenance. In general, you multiply the length of the marriage at the time your divorce is filed by a percentage to figure out the length of time in which maintenance should be paid. The percentage increases based upon the number of years you were married.
If you were married:
1. 5 years or less: multiply by .20;
2. More than 5 years but less that 20 years, check out the Illinois Maintenance Statute to determine the exact multiplier for the number of years you were married.
3. 20 or more years - maintenance is for the length of the marriage or for an "indefinite" period of time.
What Affects Alimony?
In some states, marital misconduct affects whether one spouse will have to pay alimony to the other. In other words, if you cheated on your spouse, you can't then ask him/her to pay you spousal support during and after your divorce.
Most states, however, have no such law.
In Illinois, marital misconduct has no effect on whether you are entitled to receive, or have to pay maintenance/spousal support.
Tax Implications of Supporting Your Ex
Like child support, alimony is NOT tax-deductible to the spouse who pays it.
Before January 1, 2019, it USED TO BE TRUE that the person who paid alimony could deduct the payments from his/her income. However, that is no longer true in the United States.
Now, the person who pays alimony also pays the taxes on that alimony. The person who receives alimony gets the money tax-free.
How Long Does Spousal Support Last?
In Illinois, the maintenance guidelines determine the length of time alimony is to be paid. In states that don't have support guidelines, however, the length of time one spouse has to support the other varies. A lot depends on the judge, who generally has discretion to order one spouse to support the other for as long as the judge sees fit.
(NOTE: Judges can not be arbitrary about this. What's more, most divorce lawyers in any particular area have identified "rules of thumb" which courts in their area generally follow when ordering support. Those rules typically require one spouse to support the other for one-third to one-half the length of the marriage.)
Alimony may be paid for a fixed period of time, or an indefinite period of time. It may be permanent, or it may be reviewable after a certain period of time. It may also be temporary or permanent.
If spousal support may be a factor in your divorce, you really need to consult with an experienced divorce attorney near you. That attorney can help you determine whether you or your spouse will likely have to pay spousal support. The attorney can also advise you on how long any spousal support obligation may last.
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This article was originally published in 2012 and last updated on December 10, 2025.