Quick answer: Illinois is one of the few states with a statutory maintenance formula. After the court finds that maintenance is appropriate, and if the combined gross annual income of the spouses is under $500,000 and the payor has no child support or maintenance obligation from a prior relationship, guideline maintenance is 33 1/3% of the payor’s net annual income minus 25% of the payee’s net annual income, capped so the payee does not receive more than 40% of the combined net income. The duration is the length of the marriage when the action was commenced multiplied by a factor from .20 (under 5 years) to .80 (19 to under 20 years); for a marriage of 20 years or more, the court orders maintenance for a period equal to the length of the marriage or for an indefinite term. The court may depart from the guidelines after considering the factors in 750 ILCS 5/504(a).
What this calculator shows
The calculator applies the statutory formula and the duration table to the net incomes and dates you enter. The formula is in the guideline formula, the duration table in how long maintenance lasts, and the factors and non-guideline awards in factors and non-guideline awards.
Property and child support
Maintenance is considered together with the division of property: the income and property of each party, including marital property apportioned and non-marital property assigned, are the first factor. If guideline maintenance and child support together exceed 50% of the payor’s net income, the court may set non-guideline maintenance, non-guideline child support, or both. See the Illinois property division calculator and the Illinois child support calculator.
Maintenance across Illinois
The statute applies in every Illinois circuit court, from Chicago, Aurora, Naperville, Peoria, Springfield or Rockford. A maintenance award may be fixed-term, indefinite or reviewable, and the court must designate which. Maintenance is paid without regard to marital misconduct.
Frequently asked questions
How is maintenance calculated in Illinois?
Under 750 ILCS 5/504(b-1)(1), guideline maintenance is 33 1/3% of the payor's net annual income minus 25% of the payee's net annual income, with the payee's total not exceeding 40% of the combined net income.
How long does maintenance last in Illinois?
The length of the marriage when the action was commenced multiplied by a factor from .20 to .80; for marriages of 20 years or more, a period equal to the length of the marriage or an indefinite term.
When do the Illinois maintenance guidelines apply?
When the combined gross annual income is under $500,000 and the payor has no child support or maintenance obligation from a prior relationship, unless the court finds the guidelines inappropriate.
Does fault matter for Illinois maintenance?
No. The court may grant maintenance without regard to marital misconduct.
What if maintenance and child support exceed 50% of income in Illinois?
If guideline maintenance and child support together exceed 50% of the payor's net income, the court may determine non-guideline maintenance, non-guideline child support, or both.