What Are the Types of Spousal Maintenance in Illinois?

 Posted on May 22, 2025 in Spousal Support

As divorce proceedings begin, the implications of separating finances are often a primary concern for most people. When one spouse earns significantly less or has less earning power than the other, the spouse who earns more may have to pay spousal maintenance, also known as alimony or spousal support. In Illinois, there is more than one type of alimony. Consider the types of alimony and the conditions for each. Then, contact an experienced Plainfield, IL spousal support attorney to discuss how the laws may apply to your case.

What Does Illinois Law Say About Spousal Maintenance?

In Illinois, spousal maintenance refers to a payment made from one ex-spouse to another to offer financial support after divorce. According to the Illinois statute regarding spousal maintenance, the court will determine whether spousal maintenance is appropriate by considering several factors:

• Realistic earning capacity of each party

• Each party’s income and property

• The time needed to allow the party seeking support to acquire employment

• The standard of living established during the marriage

• The length of the marriage

• Tax consequences for either party

• Any valid agreement between the two parties

Every case is unique, and the court can consider any factor relevant to the request for spousal support. If maintenance is ordered, the amount will be calculated by deducting 25 percent of the payee’s annual net income from 33 percent of the payor’s net annual income. The total cannot exceed 40 percent of the combined incomes of both spouses.

What Types of Spousal Support Could Be Ordered?

In Illinois, spousal maintenance is generally temporary or permanent. During divorce proceedings, the court may order the higher-earning spouse to pay temporary support. Once the divorce is finalized, a different type of spousal support could be ordered. 

Permanent spousal maintenance is likely in cases where one spouse may not ever be able to financially support themselves. In this scenario, the payments are indefinite, typically only stopping when one spouse dies or the spouse receiving the payment remarries. The payment amount can fluctuate, accounting for circumstantial changes for either party.

Other types of spousal maintenance to consider include:

• Rehabilitative: Rehabilitative maintenance is temporary and is provided to a spouse while they seek education or training that would allow them to find employment.

• Reviewable: Reviewable maintenance is also temporary, and much like rehabilitative support, it allows the receiving spouse the opportunity to gain financial independence.

• Lump-sum: This type of support is paid all at once, rather than in payments over time. The court will not order it, but spouses can agree to it. For many, it is appealing to make one payment and be done with support.

Consulting with an attorney is the most efficient way to determine the best legal options for spousal maintenance in your situation. 

Contact a Lombard, IL Spousal Support Attorney Today

Spousal support is an important part of many Illinois divorces. If you have concerns about paying it or receiving alimony, an Addison, IL divorce lawyer at The Law Offices of Robert F. Kramer, Ltd. can answer your questions about the types of spousal support and how the laws that govern each may apply to your case. The first step is to call 630-785-2400 and schedule your free 30-minute initial consultation with a knowledgeable attorney.