Your Family Matters

How Illinois determines spousal maintenance

On Behalf of | Nov 1, 2018 | family law

As someone currently involved in an Illinois divorce, or someone considering filing for an Illinois divorce, you may be wondering whether you will be able to reasonably support yourself in the absence of your spouse. More specifically, you may be wondering whether you will qualify for spousal maintenance in the aftermath of your divorce, or whether you might have other options available to you. At the Law Office of Kerley & Associates, we have a comprehensive understanding of how Illinois determines spousal maintenance, and we have helped many clients making their way through divorces navigate these and similar issues.

According to the Illinois State Bar Association, if you and your spouse’s combined gross income is less than $250,000 annually, the state will typically use a set formula to determine whether you will get spousal maintenance, and if so, how much. In more specific terms, the state will typically award you 30 percent of your spouse’s gross income minus 20 percent of your own gross income, not to exceed 40 percent of your combined gross income.

While this formula will generally determine how much maintenance you can expect to receive, a separate formula will dictate how long you can expect to receive it. The second formula will depend on the length of your marriage. In shorter marriages, such as those that last, say, five years, you can anticipate receiving maintenance for about 20 percent of the length of your marriage. For longer marriages, you may be able to receive maintenance for the entire length of your marriage, or even the remainder of your life.

While every divorce is different, these guidelines should give you at least some idea of what you can expect to receive in terms of spousal maintenance, post-divorce. You can find more on this topic by exploring our webpage.