How Much Alimony Will I Need to Pay in Illinois?

 Posted on June 19, 2026 in Alimony / Maintenance

Alimony, known as spousal maintenance or support, is set on a case-by-case basis in Illinois divorces. When spousal support is ordered, Illinois courts use a specific formula to calculate how much one spouse will pay the other.

If you're wondering what you might owe in your 2026 divorce, a Kane County, IL family law attorney can help you understand what factors will affect the amount and if you will even have to pay at all.

Who Has to Pay Alimony in an Illinois Divorce?

Spousal maintenance is not automatically ordered in every Illinois divorce. A judge first decides whether maintenance is appropriate or necessary under 750 ILCS 5/504. Factors that can determine whether spousal maintenance is ordered include:

• Each spouse's income, property, and earning capacity

• The needs of each spouse

• The standard of living during the marriage

• How long the marriage lasted

• Whether one spouse gave up a career or education to support the household, or the other's career

"Marital misconduct" is not considered when deciding on spousal maintenance. In general, this is because maintenance is not intended to be a punishment for one spouse. For that reason, issues such as infidelity will not affect whether it is awarded. Illinois courts look at the disparity between the spouses when the marriage ends and whether one genuinely needs support for a time. If both spouses earn similar incomes, maintenance may not be ordered at all.

How Is the Amount of Spousal Maintenance Calculated in Illinois?

When a court awards maintenance and the spouses' combined gross annual income is less than $500,000, Illinois law generally uses a formula to calculate the amount. The court starts by taking 33⅓ percent of the paying spouse's gross annual income and subtracting 25 percent of the receiving spouse's gross annual income. The result is the annual maintenance amount.

However, the receiving spouse's total income, including maintenance, generally cannot exceed 40 percent of the couple's combined gross annual income. If the formula would exceed that limit, the maintenance award is reduced. Although this formula serves as the guideline in many cases, it is not automatic. Judges may order a different amount if they determine that applying the guideline would be inappropriate after considering the factors listed in 750 ILCS 5/504.

Can My Spouse and I Write Our Own Spousal Maintenance Agreement?

Couples can come up with their own maintenance agreements if they wish. This allows them to have more control than the court-ordered amount. These agreements can even be reached before a divorce is imminent via a prenuptial or postnuptial agreement.

If you want to avoid courtroom litigation to decide on maintenance amounts, you can participate in divorce mediation. Reaching an agreement through mediation is often faster, less expensive, and less stressful than going to court.

How Long Will I Have to Pay Alimony in Illinois?

The length of maintenance payments is generally based on how long the marriage lasted. In many cases, Illinois law uses guideline percentages to determine the duration of maintenance. For example, marriages lasting less than five years have a multiplier of 20 percent of the length of the marriage. The percentage gradually increases as the length of the marriage increases, reaching 80 percent for marriages lasting at least 19 years but less than 20 years.

For marriages lasting 20 years or more, the court may order maintenance for a period equal to the length of the marriage or award indefinite maintenance. Although these guidelines apply in many cases, they are not automatic. Judges may order a different duration if they determine that doing so is appropriate after considering the factors listed in 750 ILCS 5/504.

Can Alimony in Illinois Be Changed or Canceled After it is Ordered?

The amount set at your divorce reflects the circumstances at the time it was set. If serious changes occur in one or the other spouse’s life, the amount may be modified. If the paying spouse's income drops substantially, or the receiving spouse's income rises, for example, either person can ask the court to modify the order.

Maintenance generally ends automatically if the person receiving it remarries or moves in with a new partner in a marriage-like relationship. If they fail to notify the court or the other spouse that either of these things has happened, they may be obligated to repay any maintenance received since they remarried or began cohabitating.

If you believe your circumstances justify a change in your spousal maintenance order, be sure to keep paying until you get the order officially revised by the court. Failure to do so risks you being held in contempt of court.

Call a St. Charles, IL Spousal Support Attorney Today

Maintenance payments are an important consideration as you work towards finalizing your divorce. Our Kane County, IL family lawyers offer free consultations on issues like spousal maintenance, as well as other areas of family law.

Our main attorney is also a trained mediator, allowing us to focus on resolving support issues efficiently through agreement when possible. We are also fully prepared to litigate aggressively in court if needed.

Call Shaw Sanders, P.C. at 630-584-5550 today to schedule your free consultation.