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How Long Will I Have To Pay Spousal Maintenance in Illinois?

 Posted on June 11, 2025 in Spousal Maintenance

Naperville, IL divorce lawyerIn Illinois, the duration of spousal maintenance, also known as alimony, depends on how long you were married. The court also typically uses a standardized calculation method to determine exactly how much the payments will be. However, spousal maintenance orders are not set in stone. Under certain conditions, they can be modified or terminated. If you have questions about the duration or amount of alimony in your case – whether you are thinking of divorce or already have a final decree – a knowledgeable Naperville, IL spousal maintenance lawyer can help.

How Does the Duration of Your Marriage Impact Alimony in Illinois?

To determine how long you will need to pay spousal maintenance in Illinois, you take the number of years you were married and multiply that by a percentage associated with that timeframe. For example, if you were married for less than five years, the duration of support will be 20 percent of five years, equaling one year of alimony.

The percentage increases by four percent for every two years of marriage after five years. Therefore, if you were married for five or six years, you would pay spousal maintenance for a duration equal to 24 percent of the length of the marriage. For a six or seven-year marriage, the percentage is 28, and so on.

At 12-13 years of marriage, you pass the 50 percent mark, and for couples who are married for more than 20 years, the duration of spousal maintenance will equal the length of the marriage or more. While these exact numbers are listed under Illinois maintenance law, the judge still has the final say in how long you will pay alimony.

Calculating Spousal Maintenance in Illinois

The law also clearly outlines how to calculate spousal maintenance payments. In most cases, the court uses the guideline method, where the equation considers each person’s net income. You subtract 25 percent of your ex-spouse’s net income from 33.3 percent of your monthly net income to get the amount you will pay. That amount cannot equal more than 40 percent of the total combined net income for both spouses.

Sometimes, the court will break away from the guideline method when the combined income exceeds $500,000 or when you already pay child support or alimony from a previous marriage. In this case, the court will decide on the payment amount and explain why it deviated from the guideline method. Illinois law also allows you to choose your payments outside the courtroom by working together. The court still has to approve it, but that is generally not an issue when you both agree.

Can You Terminate a Spousal Maintenance Order Early in Illinois?

Spousal maintenance orders can be modified or terminated under the appropriate conditions. For example, if your ex-spouse remarries, you are no longer required to continue spousal maintenance payments. If your ex becomes employed and reaches an income equal to or greater than yours, the court may terminate your support payments. If you think your order should be changed, speak to a knowledgeable attorney about the details of your case.

Call Today To Speak to a Naperville, IL Spousal Maintenance Attorney

Whether you have been ordered to pay spousal maintenance or have concerns that you will be, an experienced DuPage County, IL divorce lawyer at Calabrese Associates, P.C. can help you navigate the laws that apply to your situation. These cases can easily become complex, and given the financial risk, you need an aggressive legal representative on your side. To learn more, call 630-393-3111 to schedule an initial meeting today.

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