Divorce and Maintenance in Cook County

A judge can make one spouse pay the other spouse money on an ongoing basis after a divorce. This is called "maintenance." It used to be called "spousal support" or "alimony."

The purpose of maintenance is to help the ex-spouse support themselves. However, the judge is not required to order maintenance. People who are able to work are generally expected to find a job and support themselves.

The laws for maintenance are the same for men and women. 

How does a judge decide whether to order maintenance?

The judge will consider the following things when deciding on maintenance:

• Income and property
• Needs
• Earning potential, now and in the future
• Time spent doing household duties
• Time and money needed to get a job, or the training and education to get a job
• Lifestyle during the marriage
• Length of marriage
• Age
• Physical and emotional conditions
• Any agreements between the spouses

The judge will not make their decision based on how well either spouse has behaved during the marriage. 

How much maintenance does a spouse get?

Judges usually use this formula to decide how much maintenance to give to a spouse:

1. Multiply the payer’s gross yearly income by 0.3.
2. Multiply the payee’s gross yearly income by 0.2.
3. Subtract 2) from 1).

The result is the yearly amount the payer must pay the payee.

However, there is a limit on the amount of maintenance the payee can get. Here is how the limit works:

1. Add the amount of maintenance from above to the payee's gross yearly income. Write this number down.
2. Now add both spouse's income together, and multiply by 0.4. Write this number down.

If 1) is higher than 2), subtract the payee's gross yearly income from 2). This is the amount of annual maintenance they will receive.