Alimony, also called maintenance under Illinois law, is one of the biggest areas for questions during a divorce. Whether it will be paid and by which spouse is often a disputed issue. Illinois uses a rather structured system to help determine when it is appropriate, and how much should be paid. The rules are not always simple to understand, and there can be many exceptions, so its important to have an attorney assist you with alimony issues.
At Kulerski & Cornelison, our team serves families in DuPage and Cook counties. We help you deal with alimony issues and much more in your Illinois divorce.
What Is Maintenance in Illinois?
Maintenance is financial support paid by one spouse to the other after a divorce or legal separation. Its purpose is to help the lower-earning spouse maintain financial stability and transition toward independence.
Illinois recognizes several types of maintenance, including:
- Temporary maintenance during the divorce
- Fixed-term maintenance
- Reviewable maintenance
- Permanent maintenance (in limited cases)
Regardless of the type, the core question remains the same: Which spouse pays?
The Higher-Earning Spouse Typically Pays Maintenance
In most Illinois divorces, the spouse with the higher income pays maintenance to the spouse with the lower income, provided the lower-earning spouse demonstrates a need for support and the higher-earning spouse has the ability to pay.
Illinois courts follow a two-step process:
- Determine whether maintenance is appropriate based on statutory factors.
- Calculate the amount and duration using the state’s maintenance formula (for eligible income levels).
Maintenance is not automatic. The court must first decide whether support is justified.
How Illinois Courts Decide Whether Maintenance Is Appropriate
Judges consider a list of factors to determine whether maintenance should be awarded. These include:
- Each spouse’s income and property
- The needs of each spouse
- The present and future earning capacity of both spouses
- Any impairment to a spouse’s earning capacity due to domestic duties or career sacrifices
- The standard of living during the marriage
- The length of the marriage
- The age and health of both spouses
- Contributions to the other spouse’s education or career
- Any valid prenuptial or postnuptial agreement
The goal is fairness, not punishment. Maintenance is awarded when one spouse cannot reasonably support themselves at the marital standard of living without assistance.
When the Lower-Earning Spouse Might Pay Maintenance
Although uncommon, there are situations where the lower-earning spouse may end up paying maintenance. This can happen when:
- The lower-earning spouse receives substantial marital assets
- The higher-earning spouse has significant health issues or reduced earning capacity
- A prenuptial agreement requires it
- The lower-earning spouse’s income increases significantly after separation
Illinois law focuses on ability to pay and financial need, not gender or traditional roles.
How Prenuptial and Postnuptial Agreements Affect Who Pays
Illinois courts generally enforce valid prenuptial and postnuptial agreements. These agreements can:
- Waive maintenance entirely
- Limit the amount or duration
- Specify who pays and under what conditions
However, a court may refuse to enforce an agreement if it is unconscionable or leaves one spouse in severe financial hardship.
Can Maintenance Be Modified?
Yes. Maintenance can be modified if it is reviewable or modifiable under the divorce judgment. Common reasons for modification include:
- Significant changes in income
- Job loss
- Retirement
- Health issues
- Remarriage or cohabitation of the recipient
If the recipient remarries, maintenance automatically terminates.
How to Protect Yourself During the Maintenance Process
Whether you expect to pay or receive maintenance, preparation is key. You can protect your financial interests by:
- Gathering complete financial records
- Understanding your earning capacity
- Documenting contributions to the marriage
- Considering negotiation or mediation
- Seeking legal guidance early
A well-structured settlement can prevent costly litigation and reduce long-term conflict.
Understand How Alimony May Impact Your Illinois Divorce
A highly experienced Illinois divorce attorney can help you with issues related to maintenance and alimony.
At Kulerski & Cornelison, our family law attorneys are ready to help. Contact us today for a consultation of your case.