Win Fair Spousal Support in Illinois: Know Your Rights

Overview: How Illinois Approaches Spousal Support

In Illinois, spousal support—called maintenance—is not automatic. A court must first decide whether maintenance is appropriate by weighing statutory factors. If maintenance is appropriate and the case fits the statutory guideline framework (including income thresholds and multiple-family considerations), the court generally applies a formula to determine the amount and a framework to set the duration. Judges may deviate from the guidelines when warranted, but they must state reasons for doing so. See 750 ILCS 5/504.

Types of Maintenance

• Temporary maintenance during a pending divorce to cover immediate needs. See 750 ILCS 5/501.
• Fixed-term or reviewable maintenance after the judgment—reviewable terms let the court reassess based on future changes (see 750 ILCS 5/504).
• Reserved maintenance when the court postpones deciding maintenance.

Unless the judgment or a valid agreement provides otherwise, maintenance ends upon the recipient’s remarriage, the death of either party, or if the recipient cohabits with another person on a resident, continuing, conjugal basis. See 750 ILCS 5/510(c). Courts may require life insurance or other security in appropriate cases. See 750 ILCS 5/513.5.

Eligibility: Factors Courts Must Consider

Before any formula applies, the court evaluates statutory factors, including each spouse’s income and property (marital and non-marital), needs, present and future earning capacity, any impairment of earning capacity from domestic duties, time needed for education or training, the standard of living during the marriage, the marriage’s duration, the age and health of each party, tax consequences, contributions to the other spouse’s career, any valid premarital or marital agreement, and other just and equitable factors. See 750 ILCS 5/504(a).

Calculating Amount: Illinois Guideline Formula

When guideline maintenance applies, Illinois uses net income as defined in the child support statute. See 750 ILCS 5/505 (definition incorporated by 750 ILCS 5/504).

• Amount: Generally, 33 1/3% of the payor’s net income minus 25% of the payee’s net income, subject to a cap so the payee’s post-maintenance income does not exceed 40% of the parties’ combined net income. See 750 ILCS 5/504(b-1).
• When guidelines apply: Among other conditions, guidelines typically apply if the parties’ combined gross income is below the statutory threshold and the payor has no support obligations in another family. Otherwise, the court sets a non-guideline amount based on the factors. See 750 ILCS 5/504(b-1).
• Deviations: Courts may deviate if guideline results are inappropriate and must make findings explaining why. See 750 ILCS 5/504(b-1)(2).

Duration of Maintenance

Duration is tied to the length of the marriage using statutory multipliers. Longer marriages lead to longer terms; for very long marriages (typically 20 years or more), courts may order a term equal to the length of the marriage or indefinite maintenance. See 750 ILCS 5/504(b-1)(1)(B).

Modifying, Reviewing, or Terminating Maintenance

Unless the parties agreed otherwise, maintenance may be modified or terminated upon a substantial change in circumstances. Common examples include significant, good-faith changes in income, job loss, disability, retirement in good faith, the recipient’s remarriage, or qualifying cohabitation. Courts may also set review dates for reviewable maintenance. See 750 ILCS 5/510. Parties may agree to non-modifiable maintenance in a written agreement approved by the court. See 750 ILCS 5/502.

Temporary Orders While Your Case Is Pending

Either spouse can request temporary maintenance to cover necessary expenses during the case. Courts may rule on affidavits and financial disclosures without a full evidentiary hearing, and temporary orders remain in effect until modified or superseded by the final judgment. See 750 ILCS 5/501.

Taxes and Withholding

• Federal and Illinois taxes: For divorce or separation instruments executed after 2018 (or later modified to adopt the new treatment), maintenance is generally not deductible to the payor and not includable as income to the recipient. Illinois state income tax generally follows federal treatment. See the Tax Cuts and Jobs Act. Always confirm current rules with a tax professional.
• Income withholding: Courts can order income withholding to enforce support, including maintenance. See 750 ILCS 28/20.

Negotiating a Fair Outcome

• Prepare a clear monthly budget with documentation.
• Gather proof of income (pay stubs, W-2s/1099s, recent tax returns).
• Document employability, health constraints, childcare responsibilities, and any career sacrifices.
• Consider vocational assessments where appropriate.
• Evaluate insurance needs (e.g., life insurance to secure support).
• Use mediation or settlement conferences to craft tailored terms (step-downs, review dates, rehabilitative milestones).

Enforcement

If maintenance is not paid, tools can include income withholding, judgments for arrears, interest where authorized by law, and contempt proceedings. Courts may award attorney’s fees and costs in enforcement actions in appropriate cases. See 750 ILCS 28/20 and 750 ILCS 5/508.

When to Seek Legal Help

Consult an attorney early if income is complex (self-employment, fluctuating income, bonuses, equity compensation) or if there are disputes about dissipation, domestic violence, or hidden assets. Counsel can ensure accurate income calculations, advocate for guideline deviations where warranted, and structure reviewable or rehabilitative orders aligned with your goals. Contact our Illinois family law team to discuss your options.

Key Documents to Gather

• Last three years of tax returns and all schedules
• Year-to-date pay stubs or profit-and-loss statements
• Bank and brokerage statements
• Retirement account statements
• Monthly expense ledger with receipts where possible
• Health insurance cards and premium documentation
• Any prenuptial or postnuptial agreements
• Prior family court orders

Common Myths

• Myth: Maintenance is automatic. Reality: It is awarded only if appropriate under statutory factors. See 750 ILCS 5/504.
• Myth: The guideline formula always applies. Reality: Courts can deviate, and high-income or multiple-family cases may be non-guideline. See 750 ILCS 5/504.
• Myth: Maintenance can never change. Reality: It can be modified or terminated upon qualifying changes unless made non-modifiable by agreement. See 750 ILCS 5/510 and 750 ILCS 5/502.

FAQs

Does child support affect maintenance?

Yes. Courts consider both obligations, and guideline calculations may be adjusted when child support is involved to avoid exceeding statutory caps.

Can we agree to buy out maintenance?

Yes, parties can negotiate a lump-sum or property offset in a written agreement approved by the court. Understand tax and enforceability implications before signing.

What happens if the payor retires?

Good-faith retirement can qualify as a substantial change in circumstances. The court will assess age, health, work history, and post-retirement income sources.

Is maintenance taxable?

For divorce instruments executed after 2018, maintenance is generally not deductible to the payor and not income to the recipient for federal purposes, and Illinois generally follows this treatment.

Speak with an Illinois family law attorney now to protect your rights and plan your next steps.

Disclaimer: This blog provides general information about Illinois spousal maintenance and is not legal or tax advice. Laws change, and outcomes depend on specific facts. Consult an attorney licensed in Illinois for advice about your situation.