Divorce can be one of life’s most emotional journeys. It’s a moment when everything feels uncertain, and it’s also a financial crossroads. But that doesn’t have to be a bad thing. Now is the time to redefine what stability and independence mean to you. Though the process can be challenging, it also opens the door to a new beginning. This new beginning can be built on fairness, balance, and self-reliance.
When one spouse earns significantly more than the other, or when one spouse has been out of the workforce for a long time, the court may award spousal maintenance to help balance the financial scales.
In Illinois, what many people still call alimony is officially known as spousal maintenance (or simply maintenance). Remember: it’s not a punishment or reward. Spousal maintenance is a practical tool designed to promote fairness and stability as both spouses move forward after divorce.
Why Does Spousal Maintenance Exist?
Spousal maintenance is like a bridge. It helps the lower-earning spouse transition to financial independence or maintain a reasonable standard of living similar to what was shared during the marriage. The court’s goal isn’t to make anyone “win” or “lose,” but to make sure both parties can stand on their own two feet.
However, not every divorce involves spousal maintenance. The court must first decide whether it’s appropriate, considering each person’s income, needs, and overall circumstances.
The Guideline vs. Non-Guideline Approach
Illinois law provides a guideline formula to calculate maintenance in many cases. If the couple’s combined gross income is less than $500,000 a year and neither party has ongoing support obligations from a previous marriage, the court typically applies this formula:
- 33⅓% of the payor’s net annual income minus 25% of the payee’s net annual income.
There’s also a cap: the receiving spouse’s total income (including maintenance) can’t exceed 40% of the couple’s combined net income.
For higher-income couples or more complex financial situations, the case might fall under non-guideline maintenance. In these instances, the judge has more flexibility to decide what’s fair, considering factors such as lifestyle, assets, and contributions to the marriage.
5 Types of Spousal Maintenance in Illinois
Not all spousal maintenance is the same. The type of award depends on the couple’s circumstances, the length of the marriage, and the purpose of the support. Here’s a breakdown of the main types you’ll see in Illinois:
1. Temporary Maintenance (Pendente Lite Support)
This type of maintenance is granted while the divorce is still pending. It helps one spouse cover immediate living expenses (e.g., rent, utilities, groceries) until the divorce is finalized. Once the divorce decree is entered, temporary maintenance typically ends and may be replaced by another form of support.
2. Fixed-Term Maintenance
This is one of the most common types of maintenance. It’s paid for a specific, pre-determined period based on how long the couple was married. The goal is to give the receiving spouse enough time to become self-sufficient, such as by finishing school or finding stable employment.
3. Reviewable Maintenance
With reviewable maintenance, the court sets an initial duration but allows future adjustments. Before the term expires, either spouse can request a review to determine if maintenance should continue, change, or end. This type is often used when one spouse is working toward financial independence but isn’t quite there yet.
4. Indefinite or Permanent Maintenance
Permanent (or indefinite) maintenance is usually reserved for long-term marriages (typically 20 years or more) where one spouse is unlikely to become self-supporting due to age, health, or long-term absence from the workforce. While it’s called “permanent,” it can still be modified or terminated if circumstances change significantly.
5. Lump-Sum Maintenance
Instead of monthly payments, lump-sum maintenance is a one-time payment that satisfies the full obligation. This option can simplify things, especially if both parties want to avoid ongoing contact. However, once it’s paid, it generally can’t be modified or reversed.
What Affects a Maintenance Award in Illinois?
When determining the amount and duration of maintenance, Illinois courts consider a range of factors.
These can include:
- The income and property of each spouse
- The needs of each spouse
- The present and future earning capacity of both spouses
- Any impairment to earning capacity due to time spent on domestic duties
- The standard of living established during the marriage
- The duration of the marriage
- The age, physical, and emotional health of both spouses
- Contributions to the marriage, including homemaking and supporting the other’s career
- Valid agreements between the spouses (such as a prenuptial or postnuptial agreement)
- Tax implications of the maintenance payments
Each of these factors helps the court develop a fair and reasonable award that reflects the realities of both spouses’ lives.
Modification and Termination of Maintenance
Life changes, and so can maintenance. Illinois law allows for modification or termination of spousal maintenance when there’s a substantial change in circumstances.
Common reasons include:
- A significant increase or decrease in income for either party
- Job loss or retirement
- Health changes that affect earning capacity or financial needs
- Remarriage or cohabitation of the receiving spouse
Once maintenance ends, it’s not automatically reinstated, even if circumstances later change, so it’s important to consult an attorney before making or requesting any major adjustments.
Ready for a Fresh Start? Call Our Law Office in Schaumburg
The Law Offices of Robert M. Kaplan proudly serve clients in Schaumburg and the surrounding areas, helping individuals navigate divorce, maintenance, and family law matters with clarity and care.
Contact us today to schedule a consultation and find out how we can help protect your financial future.