Illinois Spousal Maintenance

Illinois has guideline formulas for both the amount and the duration of maintenance when the couple's combined gross income is under $500,000 and the payer has no child support or maintenance obligation from a prior relationship. Judges can deviate if they find the guideline amount would be inappropriate.

Guideline Amount

33.33% of the payer's net income minus 25% of the recipient's net income. The recipient's net income plus maintenance can't exceed 40% of the couple's combined net income.

Example: payer nets $6,500 a month, recipient nets $2,500. $2,167 minus $625 equals $1,542. But $2,500 plus $1,542 is more than 40% of $9,000 ($3,600), so maintenance is reduced to $1,100 a month.

Guideline Duration

Duration is the length of the marriage times a factor that rises 4 percentage points per year: under 5 years, 20%; 5–6 years, 24%; 9–10 years, 40%; 14–15 years, 60%; 19–20 years, 80%. For marriages of 20 years or more, maintenance can last as long as the marriage or be indefinite.

Tax

Not deductible or taxable on the federal return for divorces finalized after 2018. State treatment can differ, so confirm with a tax professional.

Cost

See current Divorce.com pricing for your state; court filing fees are separate.