Duration of Alimony in Illinois
In Illinois, the duration of alimony, or spousal maintenance, depends on the marriage’s duration. In a marriage of under 5 years, maintenance payments last for 20% of the marriage’s duration. For a 9-10 year marriage, alimony payments last 40% of the marriage’s length. 20+ years of marriage means alimony will either last the marriage’s length or indefinitely.
How Long Does Alimony Last?
The duration of alimony depends on the length of the marriage. To figure out how long your alimony will last, check the table below. Take the length of the marriage in years and multiply it by the associated percent to see how long the alimony will need to be paid.
|Duration of Marriage (in years)||Duration of Alimony|
|Less than 5||20% of the Marriage’s Length|
|5-6||24% of the Marriage’s Length|
|6-7||28% of the Marriage’s Length|
|7-8||32% of the Marriage’s Length|
|8-9||36% of the Marriage’s Length|
|9-10||40% of the Marriage’s Length|
|10-11||44% of the Marriage’s Length|
|11-12||48% of the Marriage’s Length|
|12-13||52% of the Marriage’s Length|
|13-14||56% of the Marriage’s Length|
|14-15||60% of the Marriage’s Length|
|15-16||64% of the Marriage’s Length|
|16-17||68% of the Marriage’s Length|
|17-18||72% of the Marriage’s Length|
|18-19||76% of the Marriage’s Length|
|19-20||80% of the Marriage’s Length|
|20+||100% of the Marriage’s Length or Indefinitely|
While these numbers are in the Illinois statutes, the judge still makes the final decision.
How Is Maintenance Calculated?
The Illinois courts award alimony, also called maintenance, based on need, ability, and any other factor the courts deem appropriate. Once awarded, they calculate alimony based on each party’s income. Use our alimony calculator to see what spousal maintenance payments could look like for you.
How Does Alimony End?
There are four reasons to terminate alimony orders in Illinois. First, using the above table, the court sets a date for alimony to end, and when that date is reached, it ends. Spousal maintenance also ends if the spouse receiving alimony moves in with a new significant other or gets remarried.
Finally, if there is a significant change in financial circumstances, spousal maintenance can end early. This is the hardest to prove, so having an attorney to help becomes even more important here. For any legal help on spousal maintenance, using a family law attorney such as one from Sterling Hughes gives the best chance of success.
Frequently Asked Questions
How long do you have to pay spousal support in Illinois?
It depends on how long you were married: Refer to the chart above. The shorter the marriage is, the less time spousal support will last. If the marriage was over 20 years, the spousal support could be indefinite.
How is alimony calculated in Illinois?
You can calculate alimony using our alimony calculator. To calculate alimony, you take (33% of the payer's net income) and subtract (25% of the payee's net income) to get the amount of maintenance paid for the year.
Does Illinois have permanent alimony?
Illinois does have the option of permanent alimony. The statutes say that alimony can be indefinite when the marriage was 20 years or longer.
How long do you have to pay maintenance in Illinois?
The duration of spousal maintenance depends on how long the marriage was. For specifics, refer to the chart above. In general, the longer the marriage was, the longer you have to pay spousal maintenance.
Does a husband have to support his wife during separation?
A husband may have to support his wife during a separation. If the wife has no way to support herself, the court will likely order the husband to pay temporary support. The court orders spousal support based on the need and ability of each party.
References: 1.750 ILCS 5/504 § (b)(1)(B). Illinois Marriage and Dissolution of Marriage Act.
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