How Long Does Spousal Support Last in Illinois?

 Posted on September 29, 2020 in Family Law

In many marriages, an imbalance in income means that one spouse relies on the other for financial support to maintain their accustomed standard of living. When these marriages end in divorce, it can be especially hard for the lower-income spouse to recover financially. Thankfully, Illinois courts will often award spousal support or maintenance in these cases, but it is important to note that this is usually not a permanent solution. If you rely on spousal support, you should be aware of the circumstances under which those payments can end and plan accordingly.

Standard Duration of Spousal Support in Illinois

If the court determines that spousal maintenance is necessary, the duration of payment is typically calculated based on the length of the marriage, starting at 20 percent of the length of the marriage for marriages shorter than 5 years. For example, a marriage of 4 years would result in 9 to 10 months of spousal support. The duration increases by 4 percent of the length of the marriage for each additional year up to 20, at which point the court may award spousal support for a period equal to the entire length of the marriage or indefinitely.

If you are the spouse receiving support, understanding these calculations can help you make plans for increasing your personal income in the future, perhaps by continuing your education or seeking new career opportunities so that you can fully support yourself by the time the payments terminate.

Other Ways Illinois Spousal Maintenance Can End

Certain circumstances may result in spousal support payments ending before the end of the durations explained above. These include:

• The court ordering temporary maintenance, for which it will determine an appropriate end date based on the facts of the situation
• The court ordering reviewable maintenance, for which it designates a date at which to review whether payment should continue
• The receiving spouse remarrying or cohabiting with a romantic partner, which typically terminates spousal support immediately
• The court granting a modification to the original spousal support order, perhaps due to a change in either party’s income
• The death of either party

Contact a Lombard Divorce Lawyer

At Mevorah & Giglio Law Offices, we can help with any issues related to spousal support, including demonstrating a need in the initial divorce process, pursuing enforcement or modification of payments after your divorce, or helping you understand the terms of your agreement. Contact an experienced DuPage County divorce attorney today at 630-932-9100 to schedule a free consultation.