How Long Will I Have to Pay Spousal Maintenance?

 Posted on April 15, 2025 in Divorce

 Posted on April 15, 2025 in Divorce

Spousal maintenance can have a major impact on your financial future after divorce. One of the most pressing questions for those ordered to pay is: How long will these payments last? In Illinois, the answer is not always straightforward. The duration of maintenance depends on several factors, including how long you were married, the type of support awarded, and whether circumstances change over time. Navigating these rules can be overwhelming, but an Illinois divorce lawyer can help you understand your obligations and work toward a fair outcome under state law.

What Types of Spousal Maintenance Are There?

Illinois courts can order different types of spousal maintenance, each with its own purpose, duration, and rules for modification. These include:

• Fixed-Term (or Rehabilitative) Maintenance: This type is most common. It is designed to support the receiving spouse while they become financially independent. The court will set the duration based on the specific details of the divorce.

• Reviewable Maintenance: In these cases, maintenance is ordered for a set period but is subject to review before it ends. During the review, the receiving spouse must show that continued support is still necessary.

• Permanent (Indefinite) Maintenance: This is rare, as it is usually reserved for long-term marriages where one spouse cannot support themselves because of age, health, or time spent out of work.

How Does Illinois Law Determine the Duration of Maintenance?

The Illinois Marriage and Dissolution of Marriage Act provides a formula to calculate the time frame of spousal maintenance payments based on length of the marriage. The law uses a sliding scale for marriages lasting less than 20 years – the longer the marriage, the longer the support obligation. Specifically, the court multiplies the length of the marriage by a designated percentage that increases incrementally.

The court has broader discretion for marriages of 20 years or more. It may order maintenance for a period equal to the length of the marriage or, sometimes, for an indefinite term. While the formula offers structure, judges can deviate from it when special circumstances justify a different outcome, such as a significant difference in earning ability or a spouse’s ongoing need for support.

Can Spousal Maintenance End Early?

Several life events or legal developments can cause spousal maintenance to end before the scheduled termination date. In Illinois, maintenance usually ends when:

• The receiving spouse remarries

• Either spouse dies

• The receiving spouse lives with another partner in a marriage-like relationship

• A court modifies or terminates the maintenance based on a substantial change in circumstances, such as job loss or retirement

If you believe your situation has significantly changed, you can petition the court to review or modify the maintenance order.

What If We Agreed to a Different Duration in Our Divorce Settlement?

Spouses can agree on their own terms for maintenance, even if it differs from what the law typically requires. However, once an agreement is finalized in a court order, it may not be easily changed. Some divorce settlements include non-modifiable maintenance, meaning the terms cannot be altered regardless of future changes in circumstances.

Contact a DuPage County, IL Spousal Maintenace Lawyer

Understanding how long you may need to pay spousal maintenance and what factors could change it is key to planning your financial future after divorce. A Wheaton, IL divorce attorney at Goostree Law Group can help you navigate your spousal maintenance concerns. Contact 630-364-4046 today for a free consultation and learn more about our services.