Also referred to as alimony or maintenance, spousal support provides financial help to one spouse either during or after divorce proceedings. The purpose of spousal support is to help ease the transition into post-married life and reduce financial disadvantages when one spouse makes more money.

While Illinois does have guidelines for support, a calculation should be based on the specific situation. Just as each marriage is different, so too is each divorce, and spousal support should reflect the specifics of each case.

Types of Spousal Support

Courts can award different types of spousal support for couples divorcing in Illinois. These include:

·        Temporary support is for when a divorce is in progress

·        Fixed-term support is support for a set period of time

·        Reviewable support means a court will periodically check to see if support is still necessary

·        Indefinite support doesn't have a set end date

·        Permanent support which is generally only awarded when a couple has been married for at least twenty years

Spousal Support Factors in Illinois

Courts will consider each party's situation and financial position when deciding if spousal support is appropriate. Illinois provides a non-exclusive list of factors:

·        Each party's total income and property

·        Each party's financial obligations as a result of the marriage's dissolution

·        Each party's needs

·        Each party's realistic current and future earning potential

·        Any duties or restrictions that may limit a party's current and future earning potential

·        Any limitations to the potential payor's realistic current or future earning potential

·        How much time a party seeking maintenance requires to complete any training or education, and if that party earn enough through appropriate employment 

·        How childcare responsibilities impact a party's ability to work

·        The standard of living during the marriage

·        The marriage's duration

·        Each party's age, health, occupation, income sources, education, employability, and any other relevant facts

·        Whether either spouse helped the other spouse with any education or training

·        Any valid agreements between the parties, e.g., a prenup

Courts don't have to consider either of these factors. They may also incorporate any other relevant factors.

Illinois Maintenance Calculator
If a court finds that an award of spousal support is appropriate, the next step is determining the amount of maintenance. These guidelines apply when the combined annual gross income of the two parties is less than $500,000.

In Illinois, courts calculate maintenance using the following formula:

·        33 ⅓ percent of the payor's net annual income minus 25 percent of the net annual income

·        Add the calculated maintenance amount to the payee's net income

·        That maintenance payment should not exceed 40 percent of the former spouse's combined net income

Other Factors That Can Influence Spousal Support

Spousal support isn't calculated in a vacuum. Child support, other support payments, and asset division also influence a spousal support payment. Courts, for example, may adjust support amounts when the combination of spousal support and child support exceeds 50 percent of the payor's net annual income. 

The length of marriage also comes into play for spousal support payments. Illinois has guidelines for determining how long support payments last based on a marriage's duration. In general, the longer a marriage, the longer support payments continue. Once a marriage has lasted over twenty years, courts have the discretion to decide how long alimony payments continue. 

Life events, both good and bad, can also influence support payments. That the payee spouse remarries or cohabits with someone may end spousal support. One party losing their job or retiring, health issues, and children leaving the house are other events that may affect spousal support payments.

For both parties, a comprehensive understanding of their situation and their marriage can play a role in a court's decision on spousal support payments. By anticipating the relevant factors and details that may be considered, parties will be better prepared for spousal support decisions.