In Illinois, spousal support or maintenance is designed to provide financial assistance to a spouse who earns little or no money after a divorce. A common question spouses have is how long they will receive spousal maintenance, and the answer is not necessarily cut-and-dry.
Duration of spousal maintenance
The duration of spousal maintenance depends on many factors, including the couple’s length of marriage, the amount of money the individual receiving support needs and the other spouse’s ability to pay support.
General guidelines
Generally speaking, the longer a couple is married, the longer a spouse can receive spousal maintenance. For example:
In short-term marriages that last under five years, courts may order an award of up to 20% of the length of the marriage.
For marriages that are neither short nor long-term, lasting anywhere between 5 and 20 years, the duration of spousal maintenance can last from 20% to 40% of the length of the marriage.
In the case of long-term marriages, which usually last more than 20 years, courts can order spousal maintenance for an indefinite period or until the spouse who receives the support is self-sufficient.
Role of the court
While there are laws that courts must consider when determining how much and for how long they can order spousal maintenance, there is no hard-and-fast rule, and courts can use their judgment depending on the specific facts of the case.
If you are going through a divorce or expect to go through one, you will need legal assistance and advice, especially if you have accumulated assets in the marriage. Ensure you speak with an experienced family law attorney.