If you are going through a divorce in Illinois, understanding potential maintenance payments is an important part of financial planning. Illinois courts use statutory guidelines to determine maintenance, commonly known as alimony or spousal support.
Our Illinois Maintenance Calculator helps estimate monthly and annual maintenance obligations based on Illinois law. Simply enter each spouse’s net income and the length of the marriage to receive an estimated result.
While this calculator provides an estimate, actual maintenance awards may vary depending on the facts of a case and judicial discretion.
According to the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/504), maintenance awards are generally based on both spouses’ net incomes and the duration of the marriage.
What Is Maintenance in Illinois?
Maintenance, often called alimony or spousal support, is money paid by one spouse to another after separation or divorce.
The purpose of maintenance is to reduce unfair economic hardship that may arise when one spouse earns significantly more than the other.
Illinois courts may award maintenance to:
- Stay-at-home spouses
- Lower-income spouses
- Spouses who sacrificed careers for family responsibilities
- Individuals needing time to become financially independent
Maintenance is not automatically awarded in every divorce case. Courts evaluate numerous statutory factors before making a decision.
Illinois Maintenance Formula
For many qualifying cases, Illinois law provides a guideline formula:
Annual Maintenance = (33.33% × Payor Net Income) − (25% × Recipient Net Income)
The law also places an important limitation:
The recipient’s total income after maintenance cannot exceed 40% of the parties’ combined net income.
Example Maintenance Calculation
Assume:
- Paying spouse net income = $100,000
- Receiving spouse net income = $40,000
Step 1:
33.33% × $100,000 = $33,330
Step 2:
25% × $40,000 = $10,000
Step 3:
$33,330 − $10,000 = $23,330 annual maintenance
Monthly estimate:
$23,330 ÷ 12 = $1,944 per month
This example is for educational purposes only.
How Long Does Maintenance Last in Illinois?
Illinois also uses statutory duration multipliers based on the length of the marriage.
| Length of Marriage | Maintenance Duration |
|---|
| Less than 5 years | 20% of marriage length |
| 5 years | 24% |
| 6 years | 28% |
| 7 years | 32% |
| 8 years | 36% |
| 9 years | 40% |
| 10 years | 44% |
| 11 years | 48% |
| 12 years | 52% |
| 13 years | 56% |
| 14 years | 60% |
| 15 years | 64% |
| 16 years | 68% |
| 17 years | 72% |
| 18 years | 76% |
| 19 years | 80% |
| 20+ years | Court discretion or indefinite maintenance |
Factors Courts Consider
Even when guideline formulas apply, courts may consider additional factors such as:
- Income and property of each spouse
- Future earning capacity
- Age and health of both parties
- Standard of living during marriage
- Contributions as homemaker or caregiver
- Educational opportunities sacrificed during marriage
- Tax consequences
- Any valid marital agreements
These factors can result in deviations from guideline calculations.
Is Maintenance Tax Deductible?
Federal tax laws changed in 2019.
For most modern divorce cases:
- Maintenance payments are generally not deductible by the payer.
- Maintenance payments are generally not taxable income to the recipient.
Always consult a qualified tax professional regarding your situation.
When Does Maintenance End?
Maintenance may terminate when:
- The court-ordered duration expires
- Either spouse dies
- The recipient remarries
- The recipient enters a marriage-like cohabitation relationship
- The court modifies or terminates the order
Specific terms depend on the divorce judgment.
Illinois Maintenance Calculator FAQ
How is alimony calculated in Illinois?
Illinois generally uses a statutory formula that subtracts 25% of the recipient’s net income from 33.33% of the payer’s net income.
What is the difference between maintenance and alimony?
There is no practical difference. Illinois law uses the term “maintenance,” while many people still use “alimony.”
Is maintenance mandatory in Illinois?
No. Courts decide whether maintenance is appropriate based on the circumstances of each case.
Can maintenance be modified?
Yes. In some situations, maintenance may be modified if there is a substantial change in circumstances.
How long will I pay maintenance?
Duration depends primarily on the length of the marriage and statutory guidelines.
Does child support affect maintenance?
Yes. Child support and maintenance calculations often interact and may affect each other.
Is this calculator legally binding?
No. It provides an estimate only. Courts may deviate from guideline calculations based on specific facts.
What income should I enter?
Use net income values whenever possible because Illinois guideline maintenance calculations are based on net income.
Official Legal Sources
For additional information, review:
