How Spousal Support Is Calculated in 2026
If you are going through a divorce in Illinois, spousal maintenance, also called spousal support or commonly referred to as alimony, is often an important financial consideration. Many people want to know how much support they may pay or receive and how long it may last.
Illinois law uses a statutory formula to calculate spousal maintenance in many cases, but courts also consider numerous factors to determine what is fair for both parties. Understanding these basics can help you navigate the divorce process.
What Factors Determine Spousal Maintenance
Before ordering spousal maintenance, courts consider several statutory factors, including:
Each spouse’s income and earning capacity
The length of the marriage
The standard of living during the marriage
Each spouse’s contributions to the marriage
Property division and child support obligations
The ability of the receiving spouse to become self-supporting
These factors help the court decide whether maintenance should be awarded, as well as the amount and duration of payments.
How Maintenance Is Calculated
For many divorces in Illinois, if the couple’s combined before-tax income is below $500,000 and there are no other support obligations, the court often uses a statutory formula:
33.3 percent of the paying spouse’s after-tax income
Minus 25 percent of the receiving spouse’s after-tax income
However, Illinois law also limits maintenance so that the receiving spouse’s income plus spousal maintenance cannot exceed 40 percent of the couple’s combined after-tax income. The length of the marriage affects the duration of payments via a separate formula. Shorter marriages often result in shorter, fixed-term periods of maintenance, while longer marriages may result in longer or indefinite maintenance.
For informational purposes, some people use an Illinois maintenance calculator to estimate potential support. These tools can provide a rough idea of what a court might award, but they cannot account for all factors and should never replace advice from an experienced attorney. You can explore a calculator here.
Temporary and Modifiable Maintenance
Courts may order temporary maintenance during the divorce process to help one spouse cover living expenses. Most spousal maintenance awards are reviewable and may be modified if there is a substantial change in circumstances, such as changes in income, health, or retirement. Maintenance may also end if the receiving spouse remarries or experiences other life changes specified by law.
How We Can Help
If you are navigating spousal maintenance or want guidance on the full process of Illinois divorce, we are here to support you. We can help you understand your rights, evaluate financial circumstances, and advocate for a fair maintenance arrangement. Click Here for a Consultation
