The Illinois Marriage and Dissolution of Marriage Act uses the term maintenance to describe what was once known as alimony or spousal support. In Illinois, a court can grant a maintenance award to either spouse in amounts and for periods of time the court deems just without regard to marital misconduct.

The purpose of a maintenance award is to allow one spouse to continue living the life they had become accustomed to during the marriage. This may happen when mothers or fathers choose to stay home and raise the children instead of pursuing an education or career. Many different factors can impact whether a judge will order a person to make maintenance payments.

Modern families often have two spouses who work outside the home and earn a living. In today’s world, many wives make just as much money as their husbands – if not more. Consequently, some people wonder if alimony is even available in a 2022 divorce.  

Illinois law does allow for alimony, technically called “spousal maintenance,” during a divorce. There are a few different ways that a spouse may be entitled to maintenance payments. If you are ending your marriage, it is important to know how spousal maintenance may come into play during your divorce.

Spousal maintenance (also referred to as spousal support or alimony) is a payment made from one ex-spouse to another during or after the finalization of a divorce, dissolution of a civil union, or legal separation. When determining if an individual is entitled to financial assistance, a court will consider many different factors and circumstances, including each spouse’s income and property, the needs of each party, any involved impairments, and the length of the marriage. If you are seeking monetary payments from an ex-spouse, or if you are looking to contest a spousal support request, it is highly recommended to discuss your specific situation with a skilled alimony attorney.

Types of Spousal Support

In the state of Illinois, there are four primary designations of spousal maintenance that are available:

When a couple decides to pursue a divorce, the complications that can accompany a separation can be daunting. Most notably, sorting through the financial aspects of a divorce can be incredibly nuanced. In many marriages, one spouse brings in a disproportionate amount of collective income. In the vast majority of instances, this is due to the fact that one parent spends more time at home taking care of the children. When the divorce is finalized, the spouse with less income often is left to wonder how they will live a financially sustainable lifestyle. Fortunately, a person can secure spousal maintenance in order to live securely post-divorce. Below we will discuss how spousal maintenance is calculated in Illinois, and how an attorney can assist you throughout the process of securing the maintenance you deserve.

Understanding Spousal Maintenance

Spousal maintenance is simply when one spouse is making payments to the other spouse after the divorce. When seeking fair spousal maintenance, from your former spouse, it is important to understand how maintenance is calculated in the state of Illinois. First and foremost, the income of both spouses is considered. According to a recent state law change, the payment is calculated based on a calculation that takes 20% of the payee’s income, subtracted from 30% of the payor’s income. The final calculation will then be added to the payor’s total income. The payment will be solidified as long as the payment plus the payor’s income does not equal more than 40% of the total income of both parties.

Individuals who may be eligible for alimony or child support tend to assume that they must wait until their divorce is complete to receive any form of financial relief. Thankfully, this is not the case; depending on the circumstances, divorcing parties may be eligible for temporary support. Learn more about the measures that can improve your current financial situation, even if your divorce is still pending, and discover how an experienced divorce lawyer can help.

Temporary Child Support