In Illinois divorce cases, financial support provided from one spouse to the other is generally termed “maintenance,” rather than alimony. The determination of the amount and duration of these payments is guided by a statutory formula, which primarily applies when the combined gross annual income of the parties is less than $500,000 and the payor is not already paying support for a child from a prior relationship. According to this formula, the maintenance amount is calculated as 30% of the payor’s gross income minus 20% of the recipients gross income. However, the maintenance payment, when added to the recipients gross income, cannot exceed 40% of the combined gross income of both parties.
Spousal support aims to mitigate financial disparities that may arise following the dissolution of a marriage, especially when one party has been economically dependent on the other or has sacrificed career opportunities for the sake of the family. Historically, maintenance awards were less structured, often relying heavily on judicial discretion and leading to inconsistent outcomes. The implementation of guidelines provides a degree of predictability and fairness in these proceedings, although courts retain the ability to deviate from the formula if circumstances warrant.
