Illinois · Alimony · Updated Oct 2026

Alimony in Illinois

What Illinois law says about alimony: when a court can order it, amount and length, how it relates to dividing property and how to ask for it.

The short answer

In Illinois, alimony is called maintenance. If combined income is under $500,000 and the payer has no prior support orders, guidelines apply: 33 1/3% of the payer's net income minus 25% of the receiver's net income, capped so the receiver doesn't end up with more than 40% of combined net income.

What Illinois calls it
maintenance
Property division
Equitable distribution
Law
Misconduct isn't considered. 750 ILCS 5/504.

When Illinois courts can order alimony

Judges may deviate with reasons.

Amount, limits and length

  • If combined income is under $500,000 and the payer has no prior support orders, guidelines apply: 33 1/3% of the payer's net income minus 25% of the receiver's net income, capped so the receiver doesn't end up with more than 40% of combined net income.
  • Length = length of marriage times a factor (0.20 for under 5 years, rising to 0.80 for 19-20 years; 20+ years can be for the length of the marriage or indefinite).

Law: Misconduct isn't considered. 750 ILCS 5/504.

Good to know

Illinois has a statewide maintenance (alimony) formula for couples with combined income under $500,000 (750 ILCS 5/504).

Alimony and property in Illinois

Alimony is decided separately from how property and debts are divided.

System
Equitable distribution
The rule
Each spouse keeps their non-marital property (for example, what they owned before marriage or got by gift or inheritance). Marital property and debts are divided in 'just proportions', which is fair but not always 50/50. Marital misconduct isn't considered.

How to ask for alimony in Illinois

  1. Ask for it in your divorce papers

    You ask for alimony in the divorce case itself, in your petition or in your response to your spouse's petition. Use the court's official divorce forms: Divorce forms (Illinois courts)

  2. Pay the fee or ask for a waiver

    Can't afford it? File the statewide Application for Waiver of Court Fees (civil): https://www.illinoiscourts.gov/forms/approved-forms/forms-approved-forms-circuit-court/fee-waiver-civil.

  3. Agree, or let the judge decide

    If you and your spouse agree, put it in your written agreement; if not, the judge decides. Judges may order mediation, and many circuits require mediation of contested parenting issues (Ill. S. Ct. Rule 905).

  4. Get it in the final decree

    Spousal support is ordered in the decree. Get a certified copy and keep it.

Questions about alimony in Illinois

How does alimony work in Illinois?

Called maintenance. If combined income is under $500,000 and the payer has no prior support orders, guidelines apply: 33 1/3% of the payer's net income minus 25% of the receiver's net income, capped so the receiver doesn't end up with more than 40% of combined net income. Length = length of marriage times a factor (0.20 for under 5 years, rising to 0.80 for 19-20 years; 20+ years can be for the length of the marriage or indefinite). Judges may deviate with reasons.

How much alimony is paid in Illinois, and for how long?

If combined income is under $500,000 and the payer has no prior support orders, guidelines apply: 33 1/3% of the payer's net income minus 25% of the receiver's net income, capped so the receiver doesn't end up with more than 40% of combined net income. Length = length of marriage times a factor (0.20 for under 5 years, rising to 0.80 for 19-20 years; 20+ years can be for the length of the marriage or indefinite).

Is Illinois a community property state?

No. Illinois uses equitable distribution. Each spouse keeps their non-marital property (for example, what they owned before marriage or got by gift or inheritance). Marital property and debts are divided in 'just proportions', which is fair but not always 50/50. Marital misconduct isn't considered.

More about divorce in Illinois

Alimony in nearby states

Sources

Last checked: Oct 24, 2026.