Start with 750 ILCS 5/504. In Illinois, Illinois calls it maintenance. Statutory formula for many cases: roughly 33.3% of the payor’s net income minus 25% of the payee’s net income, with a cap so the payee does not receive more than 40% of combined net. Duration uses marriage-length multipliers in § 504(b-1). Forms include Fixed-term maintenance, reviewable maintenance, and permanent maintenance in limited circumstances; temporary maintenance during the case.. That is the question this guide answers for maintenance. Duration: Guideline duration equals a percentage of the marriage length that increases with years married (e.g., longer marriages yield longer guideline terms). Termination: Death, remarriage, or cohabitation on a resident, continuing conjugal basis; end of a fixed term.
What maintenance is (and is not)
Maintenance is court-ordered support from one spouse to the other after separation or divorce. It is separate from child support (see 750 ILCS 5/505) and from property division. A single judgment may include all three, but each has its own legal tests.
No spouse is automatically entitled to maintenance. Courts typically ask whether one party has a genuine need and whether the other has the ability to pay, then apply Illinois's statutory framework.
Eligibility and statutory factors
Statutory formula for many cases: roughly 33.3% of the payor’s net income minus 25% of the payee’s net income, with a cap so the payee does not receive more than 40% of combined net. Duration uses marriage-length multipliers in § 504(b-1).
Fault. Marital misconduct is generally not considered except as it affects economic circumstances.
Document income, earning capacity, health, length of marriage, contributions as homemaker or to the other spouse's career, and the marital standard of living. Those facts drive both temporary (pendente lite) and final awards.
How the Illinois rule applies
Apply the Illinois authorities in order. The facts are simplified so the statute and the standard are visible.
One spouse asks a Illinois court for maintenance after a divorce filing.
- Use the label and statute Illinois actually uses: maintenance under 750 ILCS 5/504.
- Apply the formula or guideline: Statutory formula for many cases: roughly 33.3% of the payor’s net income minus 25% of the payee’s net income, with a cap so the payee does not receive more than 40% of combined net. Duration uses marriage-length multipliers in § 504(b-1).
- Set duration from Illinois rules: Guideline duration equals a percentage of the marriage length that increases with years married (e.g., longer marriages yield longer guideline terms).
- Identify what ends the award: Death, remarriage, or cohabitation on a resident, continuing conjugal basis; end of a fixed term.
Yes, but typically only after lengthy marriages when guideline-duration maintenance is inadequate; labeled “permanent” yet still modifiable. Fault: Marital misconduct is generally not considered except as it affects economic circumstances. Illinois formula uses net income assumptions aligned with post-TCJA nontaxable maintenance for decrees after 2018.
Types of maintenance in Illinois
Fixed-term maintenance, reviewable maintenance, and permanent maintenance in limited circumstances; temporary maintenance during the case.
Labeling matters. Rehabilitative awards usually require a plan (schooling, retraining, re-entry to the workforce). Durational or term awards run for a fixed period. Lump-sum or reimbursement awards may be non-modifiable depending on the judgment language and statute.
How amount is set
Because Illinois uses a formula or guideline overlay, start with that math, then test it against need, ability to pay, and any statutory caps. Statutory formula for many cases: roughly 33.3% of the payor’s net income minus 25% of the payee’s net income, with a cap so the payee does not receive more than 40% of combined net. Duration uses marriage-length multipliers in § 504(b-1).
Temporary support while a divorce is pending often follows different local practices or guidelines than the final award. Confirm what your county or division actually uses.
How long maintenance lasts
Guideline duration equals a percentage of the marriage length that increases with years married (e.g., longer marriages yield longer guideline terms).
Permanent / indefinite support. Yes, but typically only after lengthy marriages when guideline-duration maintenance is inadequate; labeled “permanent” yet still modifiable.
When maintenance ends or can be changed
Death, remarriage, or cohabitation on a resident, continuing conjugal basis; end of a fixed term.
Either party may usually seek modification upon a substantial change in circumstances unless the award was expressly made non-modifiable. Retirement, disability, remarriage, cohabitation, and large income swings are frequent triggers — but the statutory test and burden of proof are Illinois-specific.
Taxes
Illinois formula uses net income assumptions aligned with post-TCJA nontaxable maintenance for decrees after 2018.
Child support remains non-deductible and non-taxable. Do not assume maintenance treatment mirrors child support.
Case law: how Illinois courts decide maintenance
These LawDiver opinions illustrate how Illinois appellate courts discuss need, ability to pay, duration, and related issues:
In Re MARRIAGE OF MARION PIEPER, Petitioner-Appellant, and ARTHUR PIEPER, Respondent-Appellee
…able as it authorizes a sale only to enforce the payment of alimony where it is decreed to be a lien on the property. Nor can the sale be classified as the conveyance of equitable title from one party to another under Section 17 (Ill. Rev. Stat. 1969, ch. 40, par. 18) or the conveyance of property as a settlement in lieu of alimony under Section 18 (Ill. Rev. Stat. 1969, ch. 40…
In Re MARRIAGE OF MARION PIEPER, Petitioner-Appellant, and ARTHUR PIEPER, Respondent-Appellee is worth reading on Illinois maintenance because the court put the point in its own words: "Nor can the sale be classified as the conveyance of equitable title from one party to another under Section 17 (Ill. Rev. Stat. 1969, ch. 40, par. 18) or the conveyance of property as a settlement in lieu of alimony under Section 18 (Ill. Rev. Stat. 1969, ch." Use that passage as the starting point, then read the facts that precede it.
In Re MARRIAGE OF DONALD LASOTA, Petitioner-Appellee, and CAROLYN LASOTA, Respondent-Appellant
…3d 657, 427 N.E.2d 285.) Further, “the modification of the alimony [maintenance] award will not be set aside on review unless the trial court abused its discretion.” Giamanco v. Giamanco (1982), 111 Ill. App. 3d 1017, 1021, 444 N.E.2d 1090, 1093. It is generally held that a maintenance award will be modified “only upon a showing of a substantial change in circumstances.” (Ill.…
Illinois opinions such as In Re MARRIAGE OF DONALD LASOTA, Petitioner-Appellee, and CAROLYN LASOTA, Respondent-Appellant are cited where maintenance is disputed. The court stated: "N.E.2d 285.) Further, “the modification of the alimony [maintenance] award will not be set aside on review unless the trial court abused its discretion.” Giamanco v. Giamanco (1982), 111 Ill. App. 3d 1017, 1021, 444 N.E.2d 1090, 1093." That is the language to brief; the rest of the decision supplies the procedural posture.
In Re MARRIAGE OF RONALD M. ALBIANI, Petitioner-Appellee, and CORAL IRENE ALBIANI, Respondent-Appellant
…n’s education expenses: “5. As for unallocated maintenance (alimony) and child support, the Petitioner and Counter-Respondent, RONALD M. ALBIANI, shall pay to the Respondent and Counter-Petitioner, CORAL IRENE ALBIANI, the sum of Seven Hundred Fifty Dollars ($750.00) per month, for a period of twenty-four (24) months, at which time the aforementioned award shall be reviewed by…
Illinois opinions such as In Re MARRIAGE OF RONALD M. ALBIANI, Petitioner-Appellee, and CORAL IRENE ALBIANI, Respondent-Appellant are cited where maintenance is disputed. The court stated: "As for unallocated maintenance (alimony) and child support, the Petitioner and Counter-Respondent, RONALD M. ALBIANI, shall pay to the Respondent and Counter-Petitioner, CORAL IRENE ALBIANI, the sum of Seven Hundred Fifty Dollars ($750." That is the language to brief; the rest of the decision supplies the procedural posture.
In Re MARRIAGE OF DONNA D. BRAMSON, Respondent-Appellee, and DAVID J. BRAMSON, Petitioner-Appellant
…spondent initially argues that she should receive permanent alimony. In support of her position, she cites their 20-year marriage, her unemployment for 18 of those 20 years, and that her earnings as a salesclerk are approximately $7,800 annually, with estimated monthly expenses at $3,200.00. The alimony award rests within the sound discretion of the trial court and will not be…
Illinois opinions such as In Re MARRIAGE OF DONNA D. BRAMSON, Respondent-Appellee, and DAVID J. BRAMSON, Petitioner-Appellant are cited where maintenance is disputed. The court stated: "In support of her position, she cites their 20-year marriage, her unemployment for 18 of those 20 years, and that her earnings as a salesclerk are approximately $7,800 annually, with estimated monthly expenses at $3,200.00." That is the language to brief; the rest of the decision supplies the procedural posture.
In re Marriage of Wojcik
In re Marriage of Wojcik, 2018 IL App (1st) 170625 (2019)
…support for the parties’ one minor child and maintenance or alimony for petitioner. The precise language in the settlement agreement, Paragraph 2.0, is that “Michael shall pay to Sandra, as and for Unallocated Family Support, the periodic sum of thirteen thousand five hundred dollars ($13,500) per month, for a period of sixty (60) months, reviewable.” Respondent expressly waive…
In re Marriage of Wojcik is worth reading on Illinois maintenance because the court put the point in its own words: "The precise language in the settlement agreement, Paragraph 2.0, is that “Michael shall pay to Sandra, as and for Unallocated Family Support, the periodic sum of thirteen thousand five hundred dollars ($13,500) per month, for a period of sixty (60) months, reviewable." Use that passage as the starting point, then read the facts that precede it.
In Re MARRIAGE OF CAROL A. MARQUARDT, A/K/A Carol A. Warhanik, Petitioner-Appellee, and EARL THOMAS MARQUARDT
…501, 504.) Thus, in defining maintenance (formerly periodic alimony) as distinguished from a property settlement this court has adopted prior law stating: “Periodic alimony (maintenance) has been defined as follows: 'It is for an indefinite period of time and usually for an indefinite total sum. It is based upon the husband's income and the needs of the wife determined from the…
Illinois opinions such as In Re MARRIAGE OF CAROL A. MARQUARDT, A/K/A Carol A. Warhanik, Petitioner-Appellee, and EARL THOMAS MARQUARDT are cited where maintenance is disputed. The court stated: "Periodic alimony (maintenance) has been defined as follows: 'It is for an indefinite period of time and usually for an indefinite total sum." That is the language to brief; the rest of the decision supplies the procedural posture.
In re Marriage of D'Attomo
In re Marriage of D'Attomo, 978 N.E.2d 277 (2012)
…n, 106 Ill. 2d 290, 298 (1985). Maintenance in gross, like “alimony in gross” awarded prior to the Act, is in the nature of a property settlement and creates a vested interest in the recipient. Id. at 296. “Property settlement” payments were often confused with alimony in gross because both were usually for a definite sum payable in installments over a definite period of time.…
Practitioners open In re Marriage of D'Attomo when Illinois maintenance turns on the distinction in this sentence: "Ill. 2d 290, 298 (1985). Maintenance in gross, like “alimony in gross” awarded prior to the Act, is in the nature of a property settlement and creates a vested interest in the recipient. Id. at 296." Do not lift it out of the facts the court was deciding.
In re MARRIAGE OF ARLIE G. TUCKER, and MELBA JOSEPHINE TUCKER
In re MARRIAGE OF ARLIE G. TUCKER, and MELBA JOSEPHINE TUCKER, 223 Ill. App. 3d 671 (1992)
…. The clause continued, “[A]nd in no event is the amount of alimony to be modifiable except for death or remarriage of wife.” (Simmons, 77 Ill. App. 3d at 741, 396 N.E.2d at 632.) The trial court construed the child support and alimony references together and ruled that alimony was modifiable to the extent that the husband’s increased earnings would not be a factor to be consid…
Illinois opinions such as In re MARRIAGE OF ARLIE G. TUCKER, and MELBA JOSEPHINE TUCKER are cited where maintenance is disputed. The court stated: "The clause continued, “[A]nd in no event is the amount of alimony to be modifiable except for death or remarriage of wife.” (Simmons, 77 Ill. App. 3d at 741, 396 N.E.2d at 632." That is the language to brief; the rest of the decision supplies the procedural posture.
Practical checklist
- Identify the correct statutory label (maintenance) and controlling section (750 ILCS 5/504).
- Assemble income, budget, and health evidence for both spouses.
- For rehabilitative requests, prepare a concrete plan and timeline.
- Address fault only if Illinois law makes it relevant to eligibility or amount.
- Search LawDiver for recent Illinois decisions before mediation.
- Cross-check child support interactions via the Illinois child support guide.
Key takeaways
- Illinois uses the term maintenance under 750 ILCS 5/504.
- Amount/duration guidance includes a formula or guideline component. Statutory formula for many cases: roughly 33.3% of the payor’s net income minus 25% of the payee’s net income, with a cap so the payee does not receive more than 40% of combined net. Duration uses marriage-length multipliers in § 504(b-1).
- Common forms include: Fixed-term maintenance, reviewable maintenance, and permanent maintenance in limited circumstances; temporary maintenance during the case.
- Duration framework: Guideline duration equals a percentage of the marriage length that increases with years married (e.g., longer marriages yield longer guideline terms).
- Permanent / indefinite support: Yes, but typically only after lengthy marriages when guideline-duration maintenance is inadequate; labeled “permanent” yet still modifiable.
- Companion child-support guide: Illinois child support guidelines.
Frequently asked questions
Does Illinois still award permanent maintenance?
Yes, but typically only after lengthy marriages when guideline-duration maintenance is inadequate; labeled “permanent” yet still modifiable.
How is maintenance calculated in Illinois?
Illinois applies guideline/formula concepts under 750 ILCS 5/504. Statutory formula for many cases: roughly 33.3% of the payor’s net income minus 25% of the payee’s net income, with a cap so the payee does not receive more than 40% of combined net. Duration uses marriage-length multipliers in § 504(b-1).
How long do I have to be married to receive maintenance?
Guideline duration equals a percentage of the marriage length that increases with years married (e.g., longer marriages yield longer guideline terms). Short marriages rarely produce long-term awards; longer marriages support broader remedies where the statute allows.
Does remarriage or cohabitation end maintenance?
Death, remarriage, or cohabitation on a resident, continuing conjugal basis; end of a fixed term.
Is maintenance taxable?
Illinois formula uses net income assumptions aligned with post-TCJA nontaxable maintenance for decrees after 2018.
Where can I read Illinois maintenance opinions?
Open the cases linked above or search LawDiver scoped to Illinois. For support of children, see the Illinois child support guidelines guide.
Disclaimer
This article provides general information about Illinois maintenance and is not legal advice. Confirm the current text of 750 ILCS 5/504 and consult a licensed Illinois family-law attorney before acting on any rule described here.