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Am I Required to Pay Alimony in an Illinois Divorce If I Make More Than My Spouse?
Just because you’re earning more than your spouse doesn't necessarily mean you'll be paying them alimony, or spousal maintenance, every month after your divorce. Illinois doesn’t order support in every divorce case. A breakdown of why Illinois awards alimony and how the court comes up with the amount can help you understand what you may be paying (or not).
If you're worried about alimony in your 2026 divorce case, a Kane County divorce lawyer can answer your questions.
When Does Illinois Award Alimony in a Divorce?
The purpose of maintenance is to ensure that the lower-earning spouse has support after the divorce until they become financially self-sufficient. This may not be necessary in every divorce. A court will look at whether one spouse genuinely needs financial support and whether the other can reasonably provide it.
According to 750 ILCS 5/504, the court will take into account when deciding whether or not someone needs alimony payments. Relevant factors include:
- How long the marriage lasted
- Each spouse's income and earning potential
- Any career sacrifices made during the marriage
- The standard of living the couple shared
Shorter marriages between two spouses working full-time often result in no maintenance at all. The longer the marriage and the wider the income gap, the more likely a court is to find that support is appropriate.
Courts recognize that many couples include a partner whose career has benefited from the unpaid support of their spouse in the form of childcare or household maintenance. Even if both spouses work, one may only be able to work part-time due to parenting demands, or they may not have the education or training to get a higher-paying job.
Does a Higher Income Mean You'll Pay More Spousal Maintenance?
Illinois uses a percentage-based formula to determine how much money one spouse owes another in the case of spousal maintenance. A higher income does increase the amount that the formula will produce.
Courts can also deviate from the guideline amount if the formula would produce an unfair result given the specific facts of the case. Factors like one spouse having a large, separate estate, or a marriage where both spouses were high earners can cause a judge to adjust the amount.
There's no guarantee that a higher salary means large maintenance payments. The circumstances of your marriage matter just as much as the numbers.
How Does Illinois Calculate Spousal Maintenance Payments?
In cases where maintenance is awarded, and the couple’s gross annual income is less than $500,000, the court uses a formula to determine the amount of alimony. It calculates 33.3 percent of the paying spouse’s net yearly income, then subtracts 25 percent of the receiving spouse’s net yearly income from that amount.
There is a cap on how much maintenance one spouse can be asked to pay. The receiving spouse can't end up with more than 40 percent of the combined net income of both spouses. If the formula produces a higher number than this, the court will reduce it.
How Long Do Maintenance Payments Last in Illinois?
Illinois uses a multiplier system based on how many years the marriage lasts. The amount of time alimony lasts will increase the longer the marriage lasted. Marriages lasting less than five years will receive maintenance for 20 percent of the marriage’s length if maintenance is awarded. Marriages lasting 20 years or more will receive maintenance lasting at least the length of the marriage.
Can You Negotiate Alimony Outside of Court in Illinois?
Couples can decide on their own spousal support orders if they want. Spouses who can agree on maintenance terms do not have to leave the decision up to a judge, which many find a better option. A negotiated settlement can be more flexible, quicker, and far less expensive than going to court. If you go this route, however, make sure to get the advice of a lawyer before you agree to anything, in case the spousal support is unfair to you.
Mediation is one of the most effective ways to reach that kind of agreement. In mediation, both spouses work with a neutral third party to talk through the financial issues and try to find common ground. It keeps the process private and gives both people more control over the outcome.
Mediation isn't the right fit for every situation. If your spouse is being unreasonable or hiding assets, you’ll need to find a lawyer who will fight for you in court.
Call a St. Charles, IL Spousal Maintenance Lawyer Today
At Shaw Sanders, P.C., our Kane County divorce attorneys work with family law clients every day and can give you a clearer picture of the details of your divorce case. Our main attorney is an experienced mediator who works to resolve cases efficiently and keep costs down whenever possible. But when a case requires it, we are fully prepared to go to court. Call 630-584-5550 today for a free consultation.
630-584-5550