Alimony

In Illinois, alimony, also known as spousal support or maintenance, is calculated by subtracting 25% of the recipient’s net income from 33.3% of the payer’s net income. However, the recipient’s share cannot be more than 40% of the combined net income of both parties. A party may ask the court to deviate from this formula, for out of ordinary circumstances. Maintenance may also be modified due to a substantial change in circumstances, unless your change in circumstances is due to your own actions to avoid support obligations.

There are other factors that may be considered when deciding alimony, including:

• The length of the marriage
• The needs of each spouse
• Earning potential
• Time spent on household duties
• Time and money needed to get a job
• Lifestyle during the marriage
• Age
• Physical and emotional conditions
• Any agreements between the spouses 

There are different types of alimony in Illinois, including:

• Fixed-term: Set for a specific period of time
• Indefinite: Has no end date
• Reviewable: Subject to judicial review after a certain time has passed
• Non-guideline: Ordered if the combined gross annual income is over $500,000, if the payor has other support payments, or out of the ordinary circumstances.

A spouse who wants maintenance or temporary alimony must request it in the initial divorce pleading.