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Spousal Support

Reviewed by Joshua P. Haid, Managing Partner

Chicago Spousal Support & Maintenance Lawyers for Women

One of the hardest questions in a divorce is also one of the most practical: will I be able to support myself? If you earn less than your spouse, or set aside a career to raise your children or support their work, that question can feel like the ground giving way. Spousal support exists precisely to answer it — to give you the footing to rebuild your independence, not to leave you starting from nothing after years of building a life together.

Estimate your support now. Use the calculator below for a quick estimate of what Illinois maintenance might look like in your situation, then read on to understand how the numbers really work — and how to make sure your award reflects the truth.

ALIMONY / MAINTENANCE CALCULATOR

In Illinois, what people call alimony or spousal support is legally called maintenance, and it is governed by 750 ILCS 5/504. It is not automatic and it is not a punishment — the court first decides whether maintenance is appropriate for your situation, then applies a formula to set the amount and how long it lasts. Whether you receive a fair award, and whether it reflects what your spouse truly earns, depends heavily on how your case is presented.

The Women’s Divorce & Family Law Group by Haid and Teich LLP has protected women’s financial futures in Chicago divorces for more than 15 years — the first firm in the area built around women’s and mothers’ rights, recognized as Super Lawyers from 2016 through 2025 and featured in O, The Oprah Magazine and ELLE. Managing partner Joshua P. Haid built his career on business litigation, which matters here more than most people realize: maintenance is calculated on net income, and a spouse who is self-employed or paid through a business can understate what they earn to shrink your support. We make sure the number reflects the truth.

Find out what you may be entitled to — try our alimony calculator, then talk with a Chicago spousal support lawyer in a free, confidential consultation. Call 312-445-8830.

What is really at stake: your financial security

Spousal support is not about getting even — it is about being able to stand on your own after a divorce reshapes your life. For a woman who earned less, or who paused a career to raise children and support a spouse’s, the end of a marriage can mean facing the future with far less earning power than the person on the other side of the table. Maintenance is meant to bridge that gap — to help you regain your footing, retrain or re-enter the workforce, and maintain something close to the life you built. What is at stake is real and long-term: too little support, or support cut too short, can shape your finances for years. Getting it right protects the independence you are working to rebuild.

How is spousal maintenance calculated in Illinois?

For couples whose combined gross income is under $500,000, Illinois uses a guideline formula: 33⅓% of the payor’s net income minus 25% of the recipient’s net income, capped so that your total income does not exceed 40% of the couple’s combined net income (750 ILCS 5/504). Because maintenance is no longer taxable to the recipient or deductible to the payor, the formula runs on net income — what each spouse actually takes home. Duration depends on the length of the marriage: the number of years married is multiplied by a percentage that rises the longer you were married, and for a marriage of 20 years or more, the court can order maintenance for a period equal to the marriage or on an indefinite basis. Our alimony calculator gives you a rough estimate; the real figure depends on how income is established.

Do I qualify for spousal support in Illinois?

Maintenance is not automatic — the court first decides whether it is appropriate before any formula applies. Under 750 ILCS 5/504(a), the judge weighs factors including each spouse’s income and property, the needs of each, present and future earning capacity, any impairment to your earning capacity from time spent on the home or children, the standard of living during the marriage, the length of the marriage, and each spouse’s age and health. Illinois is no-fault, so who caused the divorce does not affect maintenance. If you earn significantly less than your spouse, or gave up income or advancement for your family, you may well qualify — and the way your circumstances are presented makes a real difference to the outcome.

How we protect your right to support

From the first meeting, our focus is your financial security — a maintenance award that is fair, reflects the truth, and actually holds. We build the full financial picture, and where a spouse is self-employed or paid through a business, we use discovery and forensic analysis to establish their real net income, so your support is not shortchanged by an understated figure. We make the case for the right amount and the right duration for your marriage, and we structure it to protect you against later attempts to reduce it. And if your circumstances or your spouse’s change down the road, we handle the modification. Your ability to rebuild your life should not be left to chance or to the other side’s version of the numbers.

Related: Chicago Divorce · Divorce After a Long Marriage · Child Support · High Net Worth Divorce

Your financial future is worth protecting. Estimate your support with our calculator, then reach out for a free, confidential consultation.

Frequently Asked Questions

How does alimony work in Illinois?

In Illinois, alimony is legally called maintenance (750 ILCS 5/504). The court first decides whether maintenance is appropriate based on statutory factors, and if so, generally applies a guideline formula to set the amount and duration. It is typically paid by the higher-earning spouse to the lower-earning spouse, to help that spouse maintain financial stability and work toward independence after divorce. It can be temporary (during the case), fixed-term, reviewable, or indefinite.

How much is spousal maintenance in Illinois?

For couples with combined gross income under $500,000, the guideline amount is 33⅓% of the payor’s net income minus 25% of the recipient’s net income, capped so the recipient’s total income does not exceed 40% of the couple’s combined net income. Above that income threshold, or where the guideline would be unfair, the court sets the amount using statutory factors instead. Because it runs on net income, establishing each spouse’s true income is critical.

Who qualifies for spousal support in Illinois?

There is no automatic entitlement. The court weighs factors under 750 ILCS 5/504(a) — including each spouse’s income and property, earning capacity, any career or income sacrificed for the family, the standard of living during the marriage, the length of the marriage, and each spouse’s age and health. A spouse who earns significantly less, or who paused a career to raise children or support the other’s, is often a strong candidate. Illinois is no-fault, so marital misconduct does not affect it.

How long does spousal maintenance last in Illinois?

Duration is tied to the length of the marriage: the years married are multiplied by a percentage that increases the longer the marriage lasted. For a marriage of 20 years or more, the court has discretion to order maintenance for a period equal to the length of the marriage or on an indefinite basis. Maintenance also ends on the recipient’s remarriage or cohabitation on a continuing conjugal basis, or the death of either party.

Is spousal maintenance taxable in Illinois?

For divorces finalized after 2018, no — under current federal law, maintenance is not taxable income to the recipient and is not tax-deductible for the payor. That is why Illinois calculates awards using each spouse’s net income rather than gross. (Orders entered under older law may be treated differently.) How this interacts with your overall finances is worth reviewing with your attorney.

Can spousal support be modified or terminated?

Usually, yes — unless the parties agreed to non-modifiable maintenance. Maintenance can be modified when there is a substantial change in circumstances, such as a significant change in either spouse’s income. It also terminates automatically on the recipient’s remarriage, on cohabitation with a partner on a continuing conjugal basis, or on the death of either party. We handle both sides of this — seeking a modification when warranted, and defending against an unfair reduction.

What happens to my maintenance if my ex is incarcerated?

It continues to build. Under a 2025 change to Illinois law (Public Act 103-967, effective January 1, 2025), maintenance no longer pauses automatically when the paying spouse is incarcerated — it keeps accruing as arrears that remain a collectible debt. Your former spouse cannot simply stop paying by going to prison; if incarceration genuinely affects their ability to pay, they must petition the court for a modification rather than the obligation pausing on its own. In short, the amounts owed to you do not disappear.

What if my spouse hides income to lower maintenance?

This is a real risk when a spouse is self-employed, owns a business, or is paid partly in cash or bonuses, because maintenance is based on net income. We use financial discovery, subpoenas, and forensic analysis to establish true income — examining business records, tax filings, and lifestyle evidence — so your support reflects what your spouse actually earns, not an understated figure. With a managing partner whose background is business litigation, this is squarely in our wheelhouse.

What is the difference between alimony, spousal support, and maintenance?

They all refer to the same thing: court-ordered payments from one spouse to the other after divorce. “Maintenance” is the current legal term in Illinois; “alimony” and “spousal support” are the everyday terms many people still use. Whatever it is called, it is governed by 750 ILCS 5/504 and calculated the same way.

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