If you are going through a divorce in Illinois, you may wonder what spousal support will look like in your situation, whether you expect to pay it or receive it. Illinois calls this support maintenance, and courts usually follow a statutory formula to determine both the amount and the duration. The sections below explain that process.
Courts first decide whether maintenance is appropriate
Before performing any calculation, the judge determines whether maintenance fits the circumstances of your case.
Several legal factors guide that decision, including how many years you were married, what each spouse earns and owns, the lifestyle you built together, each spouse’s realistic earning capacity and each spouse’s needs. If the judge concludes that maintenance is not appropriate, the formula does not apply.
A formula sets the amount for most couples
The formula applies only if you and your spouse together earn less than $500,000 a year from all sources before taxes, and the spouse who pays owes no maintenance or child support from a prior relationship. In that situation, the court generally follows three steps:
- Start: The court begins with one-third of net income for the spouse who pays.
- Subtract: From that figure, the court removes 25% of net income for the spouse who receives.
- Check the cap: The resulting amount cannot raise the receiving spouse’s total income above 40% of the couple’s combined net income.
Net income means income from all sources minus taxes and certain deductions established by statute. For example, if one spouse nets $60,000 a year and the other nets $20,000, the formula produces $15,000 a year. That amount would raise the receiving spouse’s income to $35,000, which exceeds the $32,000 cap (40% of $80,000), so the maintenance award would be $12,000 a year.
The length depends on how long you were married
The court applies a different rule depending on the length of your marriage:
- Under 20 years: The court multiplies the length of the marriage at the time the divorce was filed by a statutory factor. The factor starts at 0.20 for marriages shorter than five years and rises with each additional year of marriage. In an eight-year marriage, for example, the factor is 0.36, so maintenance would last 2.88 years (8 × 0.36), or slightly less than three years.
- 20 years or more: The court may order maintenance for a period equal to the length of the marriage or for an indefinite term.
A judge may also depart from these guidelines but must explain the reasons for doing so, so your result is never guaranteed.
Getting legal guidance on spousal maintenance
Your numbers depend on how the court calculates your income, which is frequently the most disputed part of the process. An attorney who handles divorce can estimate a reasonable range for your situation and evaluate whether your circumstances qualify under the formula.
If your circumstances change later, a court may modify the order. Outcomes vary, but understanding the process may help you approach your divorce with greater clarity.
