Spousal support in Illinois is governed by 750 ILCS 5/504. Unlike child support, maintenance is not automatic. The court must first determine if support is appropriate based on a number of statutory factors, including:

• The income and property of each spouse

• The needs of each party

• The standard of living during the marriage

• The duration of the marriage

• The age, health, and earning capacity of both spouses

• Contributions as a homemaker or to the other’s education or career

If the court finds that maintenance is appropriate, it will then calculate the amount and duration.

Illinois Maintenance Calculations

If the combined gross income of both parties is under $500,000 and neither is paying child support or maintenance from a prior relationship, Illinois uses a formula:

• Maintenance = 33.33% of payor’s net income

• Minus 25% of recipient’s net income

The result cannot exceed 40% of the couple’s combined net income.

If the couple’s income exceeds the limit or there are complicating factors, the court has discretion to deviate from the formula.

Illinois Maintenance Duration

The duration of maintenance is tied to the duration of the marriage. For marriages lasting fewer than 20 years, the court will typically award support for a percentage of the length of the marriage. For example, a marriage of 10 years would result in a maintenance obligation of around 4 years. Unless agreed upon by the parties, Judges have discretion and will consider the financial circumstances and needs of each spouse when determining the appropriate duration.