Spousal Maintenance in Illinois

Spousal maintenance in Illinois is a recognized legal obligation designed to provide financial support to a spouse after separation or divorce. Under Illinois law, maintenance may be awarded on a temporary or long-term basis, depending on the circumstances of the marriage and the needs of the parties. While many associate maintenance with monthly payments, it may also be ordered in a lump sum or as a combination of the two.

For an Illinois court to consider granting maintenance, two key elements must be evaluated:

• The spouse requesting maintenance must show a need for financial support; and
• The other spouse must have the ability to pay maintenance.

If these conditions are not met, maintenance may not be awarded. However, if both spouses agree to maintenance terms in their Marital Settlement Agreement, the court will generally honor that agreement.

Maintenance is not intended to punish either party. Its purpose is to reduce unfair economic hardship caused by the divorce, especially when one spouse is unable to meet their reasonable needs. The duration of the marriage plays a central role in determining the length of maintenance:

• Less than 5 years: Maintenance duration is typically 20% of the marriage length
• 5–10 years: 40% of the marriage length
• 10–15 years: 60% of the marriage length
• 15–20 years: 80% of the marriage length
• 20 or more years: The court may order permanent maintenance or a term equal to the length of the marriage

The different types of maintenance serve various purposes:

Temporary Maintenance – Also called interim maintenance, this is ordered while the divorce is pending. It terminates when the final divorce decree is entered and may be replaced by another form of maintenance.

Fixed-Term Maintenance – Awarded for a specific duration based on the length of the marriage. It ends on a date certain unless otherwise modified by the court.

Reviewable Maintenance – Granted with a future court review date to evaluate whether ongoing maintenance is still needed. The recipient may be expected to become self-supporting by the time of the review.

Permanent Maintenance – Reserved for long-term marriages or situations where a spouse cannot reasonably achieve self-sufficiency due to age, health, or other circumstances. This type may continue indefinitely but can be modified or terminated if a substantial change in circumstances occurs.

Maintenance generally terminates upon the death of either party, the remarriage of the recipient, or if the recipient begins cohabiting with another person on a continuing conjugal basis. The court has discretion to modify or terminate maintenance if there is a substantial change in either party’s financial situation.