Who Gets Alimony in Illinois: The Factors Courts Consider

Illinois courts decide alimony based on need and ability to pay, not on who filed for divorce

In Illinois, alimony (called "spousal support" in the law) is not automatic. A judge looks at whether one spouse needs money to live on after the divorce and whether the other spouse can afford to pay it. The person asking for alimony does not have to prove they did anything wrong in the marriage — the court focuses on finances and the length of the marriage, not on fault.

Illinois courts use a formula for marriages under 20 years and a different approach for longer marriages. The formula tells you roughly what amount might be ordered, but judges can order more, less, or nothing depending on the specific facts of your case.

Key Takeaways

• Illinois courts consider the length of the marriage, each spouse's income and earning ability, and whether one spouse will have custody of children.
• For marriages under 20 years, the law provides a formula: 30 percent of the higher earner's income minus 20 percent of the lower earner's income, capped at 40 percent of combined income.
• For marriages of 20 years or longer, the formula is a starting point, but judges have more freedom to order different amounts based on the full picture of the marriage.
• Alimony can be temporary (lasting until a certain date or event) or indefinite, depending on how long you were married and other circumstances.
• The person paying alimony can request a change if their income drops significantly or if the person receiving it remarries or moves in with a partner.

The income formula for marriages under 20 years

If you were married for less than 20 years, Illinois law gives judges a specific calculation. Take 30 percent of the higher earner's gross monthly income, then subtract 20 percent of the lower earner's gross monthly income. The result cannot be more than 40 percent of the couple's combined gross monthly income.

Example: If one spouse earns $5,000 per month and the other earns $2,000 per month, the calculation is (30% × $5,000) − (20% × $2,000) = $1,500 − $400 = $1,100. That $1,100 is the starting point, but the judge will check that it does not exceed 40 percent of the combined income ($7,000 × 40% = $2,800). In this case, $1,100 is within the cap.

This formula is a guideline, not a rule. The judge can order a different amount if the facts of your case point that way — for instance, if one spouse has significant debt, health problems, or a much longer earning history than the other.

How marriage length affects alimony decisions

The longer you were married, the more likely alimony will be ordered and the longer it will last. Illinois groups marriages into three rough categories: short-term (under 5 years), medium-term (5 to 20 years), and long-term (20 years or more).

For short marriages, alimony is less common and usually lasts only a few years. For medium-term marriages, alimony may last half the length of the marriage. For marriages of 20 years or longer, the judge may order alimony with no end date, meaning it continues indefinitely unless circumstances change significantly.

The reasoning is that a longer marriage typically means more economic interdependence — one spouse may have stepped back from work to raise children or support the other's career, and alimony helps that spouse transition to independence after the divorce.

Income and earning ability: what the court looks at

The court considers not just what each spouse earns now, but what they could earn. If one spouse has a college degree but is not working, the judge may count the income they could reasonably earn in the job market, not just what they currently make.

The court also looks at whether one spouse will have primary custody of children. Custody affects earning ability — a parent with young children may not be able to work full-time. The judge takes this into account when deciding whether alimony is needed and how much.

Other factors include age, health, job skills, how long each spouse has been out of the workforce, and whether one spouse helped pay for the other's education or professional license. A spouse who worked to put the other through law school, for example, may have a stronger case for alimony.

When alimony is temporary versus indefinite

Illinois law calls temporary alimony "maintenance" and indefinite alimony "permanent maintenance." The terms are confusing because "permanent" does not mean forever — it means the order does not have a built-in end date.

For marriages under 20 years, alimony is usually temporary. The judge sets a specific end date or ties it to an event, such as when the lower-earning spouse finishes school or reaches retirement age. The duration often tracks the length of the marriage — a 10-year marriage might result in alimony lasting 5 years.

For marriages of 20 years or longer, the judge may order indefinite alimony. This does not mean the payments never stop, but rather that the order does not automatically end on a certain date. The person paying can ask the court to reduce or stop payments if their circumstances change — for instance, if they lose their job or reach retirement age.

Factors that can reduce or eliminate alimony

Even if the formula suggests alimony should be paid, the judge can order less or nothing if other factors point that way. These include whether the lower-earning spouse has significant assets or property from the divorce settlement, whether they have the ability to become self-supporting in a reasonable time, and whether they have other sources of income.

The judge also considers the standard of living during the marriage. If the couple lived modestly on one income, the lower-earning spouse may not need alimony to maintain that standard. If the couple lived lavishly and one spouse gave up a career to do so, alimony is more likely.

Tax consequences matter too. The person paying alimony can no longer deduct it from their taxes (this changed in 2019), and the person receiving it does not have to report it as income. The judge may factor this into the amount ordered.

Changes to alimony after the divorce is final

Alimony orders are not locked in forever. Either spouse can ask the court to change the amount or duration if circumstances change materially — meaning the change is significant and was not expected when the order was made.

Common reasons to request a change include a substantial drop in income, job loss, serious illness, or retirement. The person receiving alimony can also ask for an increase if the paying spouse's income rises significantly.

If the person receiving alimony remarries or moves in with a partner in a committed relationship, the paying spouse can ask the court to reduce or stop payments. The court will consider whether the new living arrangement has changed the recipient's financial need.

Frequently Asked Questions

Does Illinois alimony depend on who was at fault in the divorce?

No. Illinois is a "no-fault" divorce state, meaning the court does not consider who caused the breakdown of the marriage when deciding alimony. The focus is on financial need and ability to pay, not on behavior during the marriage.

What counts as income for the alimony formula?

Gross income includes wages, salary, bonuses, commissions, self-employment income, rental income, and investment income. It can also include income the court believes a spouse could earn based on their education and work history, even if they are not currently earning it. The court typically does not count child support received from another relationship.

Can alimony be ordered if both spouses earn similar amounts?

Yes, but it is less common. If one spouse earns slightly more but the other has been out of the workforce or has custody of children, the court may still order alimony. The formula would produce a lower amount, but the judge can adjust based on the full circumstances.

What happens to alimony if the paying spouse retires?

The paying spouse can ask the court to reduce or stop alimony when they retire, but the court is not required to grant the request. The judge will look at whether the retirement was voluntary, what the spouse's retirement income is, and how long the alimony order was supposed to last. A spouse cannot straightforward retire early to avoid alimony.

Is alimony the same as child support?

No. Alimony is support for a spouse; child support is support for children. They are calculated separately, and both can be ordered in the same divorce. Alimony ends if the recipient remarries or at the date set by the judge; child support continues until the child reaches 18 (or longer if the child is still in high school).