How is spousal support calculated in Illinois?

Spousal support is called "maintenance" in Illinois. It used to be called "alimony".

In Illinois, spousal support is calculated by performing a multi-step analysis. 

The first step is to determine if spousal support is even warranted. There is a multi-factor analysis required in order to determine if a spouse is not eligible for maintenance but, in my experience, if the marriage is not short (5 years or longer), maintenance will be awarded. 

If spousal support is deemed necessary, the next step is to calculate the amount. 

“Maintenance…shall be calculated by taking 33 1/3% of the payor’s net annual income minus 25% of the payee’s net annual income.” 750 ILCS 5/503(b-1)(1)(A)

There is a cap on the 33% less 25% calculation. 

“The amount calculated as maintenance, however, when added to the net income of the payee, shall not result in the payee receiving an amount that is in excess of 40% of the combined net income of the parties.” 750 ILCS 5/503(b-1)(1)(A)

This means that if one spouse is less than than 66% what the other spouse is making, that spouse will be getting some kind of maintenance payment. 

Furthermore, the 40% both-parties' income cap means that the payor spouse never really pays the full maintenance calculation amount unless the payor spouse is making 300% or more of what the other spouse makes.

This calculation is not set in stone, however. If the parties make more than $ 500,000 annually combined, an Illinois divorce court does not need to use the calculation and can come up with a spousal support amount they deem is "fair".

“If the combined gross annual income of the parties is less than $500,000 and the payor has no obligation to pay child support or maintenance or both from a prior relationship, maintenance payable after the date the parties’ marriage is dissolved shall be in accordance with [the guidelines]” 750 ILCS 5/503(b-1)(1)

In theory, an Illinois divorce court can deviate from the calculation for almost any reason but that court would have to explain that reason. In my experience, Illinois divorce judges prefer to invoke the calculation whenever they can. 

In Illinois, spousal support is called “maintenance.” It is not automatic. The court first decides whether maintenance is appropriate by looking at factors such as each spouse’s income, property, needs, earning ability, the length of the marriage, and the standard of living during the marriage. For many cases where the spouses’ combined gross income is under $500,000, Illinois uses a guideline formula: 33.3% of the paying spouse’s net income minus 25% of the receiving spouse’s net income. The result is also capped, so the receiving spouse does not end up with more than 40% of the parties’ combined net income.

The length of payments depends largely on the length of the marriage.