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How Long Do I Have To Pay Spousal Support in Illinois?

Following a divorce, the financially advantaged partner may have a duty to pay alimony to their former partner. You may be wondering: How long does spousal support in Illinois last? The most important variable is the length of the marriage. Here, our Naperville divorce attorneys explain what you need to know about the duration of spousal support. 

Spousal Support in Illinois: How Long Does It Last? 

What Type of Spousal Support Are You Paying?

As a starting point, it is important to clarify the type of spousal support you are paying. The duration of alimony will depend, among other things, on the specific type of support awarded. Under the Illinois Marriage and Dissolution of Marriage Act there are four (4) primary types of spouse support:

  • Temporary Alimony: Temporary spousal support may be granted as a preliminary matter while a divorce is still pending. It ends when a separation is finalized. Though, temporary alimony may transition to another type of long-term alimony.
  • Rehabilitative Alimony: Rehabilitative alimony is a type of short-term spousal support designed to help one partner get back into a stronger financial position. Most often, the receiving party attends classes or job training while getting rehabilitative spousal support.
  • Fixed-Term Alimony: Fixed-term alimony payments last for a pre-set number of years. The primary factor in determining the duration of fixed-term alimony is the length of the marriage.
  • Indefinite Alimony: Also referred to as “permanent alimony,” indefinite alimony may be awarded after the end of a long-term marriage — defined as 20 years or more under Illinois law.

The issue of spousal support could also be resolved with a lump-sum payment as part of a divorce settlement. For example, the spouse who is entitled to receive ongoing alimony payments from their former partner could waive that right in exchange for some form of consideration in a broader separation agreement. 

How Long Did Your Marriage Last? 

When most people are looking for information about how long they will have to pay alimony, they are thinking about fixed-term alimony or indefinite alimony. The main factor that determines how long you must pay is the length of the marriage. Illinois has general guidelines in place for determining the duration of spousal support. Here is a basic overview of the alimony guidelines: 

  • Married five years or less: 1 year of spousal support.
  • Married five to 10 years: 1.5 years to 4 years of spousal support.
  • Married 10 to 20 years: 4.5 years to 16 years of spousal support.
  • Married for more than 20 years: Spousal support may be indefinite.

The duration of alimony is proportional to the length of the marriage. Illinois uses a specific formula to determine the basic guidelines. However, family law judges have some discretion in deviating from the guidelines when deemed appropriate. 

Illinois Spousal Support Frequently Asked Questions

What is spousal support in Illinois?

Spousal support, or maintenance, is financial support paid by one spouse to the other after a divorce to help the lower-earning spouse maintain the standard of living established during the marriage.

Is spousal support mandatory in Illinois?

No, spousal support is not mandatory in Illinois. It is only awarded if there is a significant disparity in income between the spouses.

How is spousal support calculated in Illinois?

Illinois uses a standard formula for calculating spousal support. The formula is: 33.3% of the payor’s net annual income minus 25% of the payee’s net annual income. The amount cannot exceed 40% of the combined net income of both parties.

What factors are considered when awarding spousal support in Illinois?

Factors include the length of the marriage, the income and property of each spouse, the standard of living during the marriage, the age and health of both parties, and the ability of the spouse seeking support to become self-supporting.

How long does spousal support last in Illinois?

The duration of spousal support depends on the length of the marriage and other factors. It can be temporary (fixed-term) or permanent (indefinite), especially in cases where the recipient cannot become self-supporting due to age, illness, or disability.

Can Illinois spousal support be modified?

Yes, spousal support can be modified if there is a significant change in financial circumstances for either party. The court will review the case and make adjustments as necessary.

What if the paying spouse refuses to pay spousal support?

If the paying spouse refuses to pay, the recipient can file for enforcement of the spousal support order. The court can take actions such as wage garnishment or placing liens on property to ensure compliance.

Get Help From Our Divorce Attorney in Naperville Illinois

At Keller Legal Services, our Naperville divorce lawyers take a results-oriented, client-centered approach to every case. If you have any questions about the duration of spousal support in Illinois, we can help. Contact us now to schedule a free, no-obligation initial consultation. We handle spousal support cases in Naperville, Bolingbrook, and throughout the surrounding region in Will County and DuPage County.

(Updated 11/6/2024)