Are You Eligible for Spousal Maintenance in Illinois?

 Posted on April 29, 2025 in Spousal Support

The financial aspects of getting a divorce can often be the most complicated. As you & your ex-spouse establish separate households, you will have to determine how you will handle both new and existing expenses. Budget adjustments and downsizing may help, but sometimes one spouse is put at a financial disadvantage.

In Illinois, if you think you will struggle to support yourself post-divorce, you may have the opportunity to seek spousal maintenance, also known as spousal support or alimony. To find out what your options might be regarding this subject, consider getting advice and representation from an experienced Hillside, IL divorce attorney, who will listen to the details of your circumstances and then advise you of your legal options.

What Does a Judge Consider When Deciding Whether To Order Spousal Maintenance?

A spousal maintenance order is never guaranteed. The decisions are made on a case-by-case basis, and involve consideration of several statutory factors, including:

• Both parties’ financial resources, including income and assets;

• Each spouse’s needs, such as daily expenses and other financial obligations;

• The physical and emotional health of each spouse;

• Each party’s ability to earn income, based on education, employability, skills, and possible impairments;

• The length of the marriage;

• Each person’s contributions during the marriage, including earned income and labor; and,

• Existing prenuptial or postnuptial agreements.

Longer marriages are generally more likely to result in a spousal maintenance award. However, if you signed a prenuptial agreement, the terms may specify whether maintenance is even an option. If you have a prenuptial agreement, your attorney will carefully review it to see if it addresses maintenance and, if so, whether the prenup is enforceable.

How Is Spousal Maintenance Calculated?

Illinois law sets forth a formula for calculating the amount and the duration of spousal maintenance, if the court has determined that a maintenance award should be made. If you are awarded support, the court will calculate the dollar amount per year by subtracting 25 percent of your annual net income from 33.3 percent of your spouse’s annual net income. The resulting annual figure is then divided by 12 to determine the monthly payments.

Some guidelines exist to ensure that spousal maintenance payments do not cause the paying spouse undue hardship. For example, you cannot receive payments that would be over 40 percent of your combined net income as a couple. If the formula produces a payment that would exceed the 40 percent threshold, the award is reduced. The duration for spousal maintenance typically is based on the length of the marriage, but the duration can vary based on the statutory factors stated above.

Contact an Oak Park, IL Spousal Maintenance Attorney Today

If you are considering divorce, or are in the process of getting a divorce already, and have concerns about how you will financially support yourself in the aftermath, a Hillside, IL alimony lawyer can help. You may qualify for spousal maintenance payments that could assist you financially during and after the divorce. Take the first step and call 708-449-7404 today to schedule a no-charge consultation with the Law Office of Vincent C. Machroli, P.C..