Alimony and Spousal Support in Illinois

The court first decides whether maintenance is appropriate, considering factors such as each spouse's income, property, needs, earning capacity, time out of the workforce for the family, standard of living, length of the marriage, age and health, and tax consequences. If it is appropriate and the spouses' combined gross income is under $500,000 (and the payor has no prior-relationship support obligation), guideline maintenance applies: 33 1/3% of the payor's net income minus 25% of the payee's net income, capped so the payee does not receive more than 40% of the couple's combined net income. Duration is the length of the marriage multiplied by a factor from .20 (under 5 years) up to .80 (19 to 20 years); for marriages of 20 years or more the court may order maintenance for the length of the marriage or indefinitely.

Illinois uses equitable distribution. Each spouse keeps their non-marital property, and the court divides marital property in 'just proportions' without regard to marital misconduct, considering factors such as each spouse's contributions (including as a homemaker). Marital property is generally everything either spouse acquired during the marriage. Non-marital property includes gifts and inheritances, property owned before the marriage, property acquired in exchange for those, property excluded by a valid premarital or postnuptial agreement, property acquired after a legal separation judgment, and increases in value of non-marital property (subject to reimbursement). Property acquired during the marriage is presumed marital unless shown otherwise by clear and convincing evidence.