Illinois Divorce Lawyer Blog
The Landscape of Spousal Maintenance in Illinois
Illinois divorce law continues to evolve, particularly when it comes to spousal maintenance. Talk to Michael Roe at www.illinois-attorney.net if you have questions about spousal maintenance in Illinois.
The Purpose of Maintenance
Maintenance, in theory, is designed to help the lower-earning spouse maintain a standard of living reasonably comparable to that enjoyed during the marriage. Under In re Marriage of Heroy, 2017 IL 120205, the Supreme Court of Illinois reaffirmed that maintenance is not automatic—it depends on statutory factors such as the duration of the marriage, the income and earning capacity of each spouse, and the parties’ respective needs.
Statutory Guidelines: The Formula and Its Flexibility
For most cases, maintenance is determined using a statutory formula outlined in 750 ILCS 5/504(b-1), which calculates the amount as 33⅓% of the payor’s net annual income minus 25% of the payee’s net annual income, with a cap ensuring the recipient does not receive more than 40% of the combined net income. These guidelines typically apply unless the court finds that deviation is appropriate.
Practitioners must remember that these formulas do not apply when the parties’ combined gross income exceeds $500,000 or when one spouse is already obligated to pay child support or maintenance from a prior relationship.
Duration Tied to Marriage Length
The duration of maintenance is set by multiplying the length of the marriage by a percentage factor provided in 750 ILCS 5/504(b-1)(1)(B). For example:
| Length of Marriage | Duration Multiplier |
|---|---|
| 5 years | 0.20 |
| 10 years | 0.44 |
| 15 years | 0.68 |
| 20 years or more | Permanent or for equal length to marriage |
Modifying or Terminating Maintenance
Maintenance may be modified or terminated under 750 ILCS 5/510 if there is a substantial change in circumstances, such as job loss, retirement, or the recipient’s cohabitation with a new partner. Under In re Marriage of Susan, 2021 IL App (2d) 190899, courts examine whether cohabitation reflects a de facto marriage, considering shared finances and public presentation of the relationship.
Practical Tip: Use the Statewide Maintenance Forms
For those seeking or contesting maintenance orders, the Illinois Supreme Court Commission on Access to Justice has approved statewide forms, such as the Order for Support and How to Get an Order for Support guides, accessible through the Illinois Courts website.[1] These standardized forms ensure compliance with statewide requirements and simplify filing.
Conclusion
Illinois law provides a structured framework for maintenance awards. Understanding both the statutory formula and the discretionary factors gives divorcing spouses a clearer picture of what to expect. As the courts continue to interpret these provisions, staying informed on developments in maintenance law remains essential for anyone navigating divorce in Illinois. Talk to Michael Roe at www.illinois-attorney.net if you have questions about spousal maintenance in Illinois.