Maintenance Awards in an Illinois Divorce

Maintenance in Illinois Divorce Cases

In an Illinois divorce, maintenance (formerly called alimony) generally falls into one of three categories:

1. No maintenance at all, because the court determines that support is not appropriate.
2. Guidelines maintenance, calculated using a statutory formula.
3. Non-guidelines maintenance, set at an amount the court finds fair based on the parties’ circumstances.

Which outcome applies depends on a multi-step legal analysis. Before any numbers are calculated, the court must first decide whether maintenance should be awarded at all.

Will Maintenance Be Awarded in an Illinois Divorce?

Illinois courts do not automatically award maintenance. In every divorce case, the judge must first determine whether a maintenance award is appropriate.

Under the Illinois Marriage and Dissolution of Marriage Act, the court may award maintenance in an amount and for a duration it finds just, without considering marital misconduct. To reach that decision, the court must evaluate a broad range of statutory factors, including:

• Each party’s income, property, and financial obligations
• The needs of both spouses
• Present and future earning capacity
• Career sacrifices or delays made during the marriage
• The time needed for a spouse to become self-supporting
• Parenting responsibilities and their impact on employment
• The marital standard of living
• The length of the marriage
• The age, health, education, and employability of each party
• Sources of income, including retirement and disability benefits
• Tax consequences
• Contributions made by one spouse to the other’s career or education
• Any valid agreements between the parties
• Any other factor the court finds fair and equitable

Because this list is extensive—and includes a catch-all provision—courts frequently find that some form of maintenance is appropriate. In most cases, the real dispute is not whether maintenance will be awarded, but how much and for how long.

Courts often summarize this analysis by focusing on the reasonable needs of the spouse requesting maintenance, the marital standard of living, the duration of the marriage, the ability to become self-supporting, and the financial resources available to both parties.

Once the court determines that maintenance is appropriate, it must decide whether to apply the statutory guidelines or depart from them.

Guidelines Maintenance in Illinois

When maintenance is appropriate, Illinois law generally requires courts to begin with the guidelines calculation.

Guidelines maintenance is determined using the following formula:

• 33⅓% of the payor’s net income, minus
• 25% of the payee’s net income

However, there is an important limitation. After maintenance is added to the payee’s income, the payee cannot receive more than 40% of the parties’ combined net income.

In practical terms:

• If one spouse earns significantly more than the other, some level of maintenance is likely.
• The higher the income disparity, the more likely the full guidelines amount will apply.
• The 40% cap prevents maintenance from equalizing incomes entirely.

For many divorcing couples in Illinois, the guidelines formula determines the final maintenance amount. But the statute also recognizes that guidelines are not appropriate in every case.

When the Court May Deviate from the Guidelines

Illinois law allows (and sometimes requires) courts to move away from the guidelines calculation under certain circumstances, including:

1. The parties’ combined gross annual income exceeds $500,00.
2. The payor’s maintenance and child support obligations combine to exceed more than 50% of his or her net income
3. The court finds guideline maintenance inappropriate after reviewing statutory factors.

If the parties’ combined gross income exceeds $500,000, the guidelines are automatically deemed inapplicable. Likewise, if applying the guidelines would result in more than half of the payor’s net income being consumed by maintenance and child support, the court may abandon the formula.

Outside of these automatic triggers, a court may still deviate from the guidelines—but only after carefully considering the statutory factors and explaining its reasoning, in writing.

Non-Guidelines Maintenance Awards

A non-guidelines maintenance award is one that does not follow the statutory formula. Courts may issue such awards when strict application of the guidelines would be unfair or inappropriate.

When a court deviates from the guidelines, it must:

• Consider all statutory maintenance factors
• Identify what the guidelines amount would have been
• Clearly explain why a different amount or duration is justified

This requirement matters because it creates a record for appellate review. A maintenance award that lacks factual support or ignores required criteria may be vulnerable on appeal. Courts are afforded discretion, but that discretion must be exercised within the framework established by statute and case law.

Modifying Maintenance After Divorce

Maintenance in Illinois is usually modifiable unless the parties agree otherwise.

To modify or terminate maintenance, the requesting party must show a substantial change in circumstances. Common examples include:

• Job loss or significant income change
• Serious illness or disability
• Retirement
• Changes in the recipient’s financial independence

When maintenance is modified, the court must make specific factual findings explaining the reason for the change and the new amount, duration, or terms.

Importantly, a court modifying maintenance is not required to rely on the guidelines formula. Once a substantial change in circumstances is established, the court has broad authority to:

• Extend maintenance for a fixed term
• Extend maintenance indefinitely
• Convert maintenance to non-modifiable
• Terminate maintenance entirely

Although judges often reference the guidelines during modification proceedings, the statute does not mandate their use at that stage.

Final Thoughts

Maintenance in Illinois is governed by detailed statutes, but the outcome of any particular case depends heavily on the facts. While guidelines provide a starting point, courts retain significant discretion—especially in higher-income cases, complex financial situations, and post-divorce modifications.

Understanding how maintenance is evaluated, calculated, and modified can make a substantial difference in planning for life during and after divorce.

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