How Is Long-Term Spousal Maintenance Calculated?

 Posted on April 25, 2025 in Divorce

Divorcing after decades of marriage, commonly known as a gray divorce, can reshape your entire financial future. For many couples in their 50s, 60s, or beyond, divorce raises pressing questions about maintaining the lifestyle they built over years of shared effort. One of the most critical and often contentious issues in these long-term divorces is spousal maintenance.

For couples who have spent the majority of their adult lives together, the outcome of a maintenance decision can determine whether retirement plans will stay intact or need to be entirely reimagined. An Illinois gray divorce lawyer can help you understand how long-term maintenance is calculated while working to protect your financial interests during this pivotal time.

What Does Illinois Law Say About Long-Term Maintenance?

Illinois courts consider several factors when deciding whether to award maintenance and, if so, how much and for how long. In divorces where the marriage lasted 20 years or more, the law gives judges more flexibility to order longer or even indefinite maintenance.

The main priority is to ensure that the lower-earning spouse has some form of support, especially when he or she may have spent years out of the workforce or contributed to the household in non-financial ways.

How Do Courts Calculate the Maintenance Amount?

Illinois utilizes a standard formula to determine maintenance awards. This formula applies when the spouses’ combined gross income is less than $500,000 and neither is already receiving maintenance from a previous relationship.

The formula starts by taking 33.3 percent of the paying spouse’s net income and deducting 25 percent of the receiving spouse’s net income. After maintenance is added, the receiving spouse’s total income cannot be more than 40 percent of the couple’s combined net income.

While this formula provides a starting point, judges can deviate from it when necessary. For instance, a judge may do so with long-term marriages where the standard calculations may not reflect the whole situation.

When Is Maintenance Ordered for Life?

Illinois law allows courts to award indefinite spousal maintenance in cases where the marriage lasted 20 years or more, especially when one spouse is unlikely to become financially independent. This often occurs when the receiving spouse is nearing or past retirement age, has health issues, or lacks recent job experience. Courts may also consider whether one spouse gave up career opportunities to raise children or manage the home, or if the couple enjoyed a standard of living that the receiving spouse cannot maintain after the divorce.

Can Spousal Maintenance Be Changed Later?

Yes, spousal maintenance can be modified if circumstances significantly change. This might include a considerable shift in either party’s financial situation, retirement, or health. Some reasons the court might modify a maintenance order include:

• The paying spouse retires or experiences job loss

• The receiving spouse begins earning substantially more income

• The recipient remarries or begins cohabiting with a new partner

• A serious illness or disability impacts either party

It is essential to consult with an attorney before seeking or contesting a modification, as courts evaluate many factors before making any changes.

Contact a Kane County, IL Spousal Maintenance Lawyer

If you are facing a divorce after a long-term marriage, a St. Charles, IL gray divorce attorney at Divorce Over 50 - Goostree Law Group is here to provide quality legal guidance. We will help you understand how spousal maintenance laws apply to your situation and work toward a fair outcome. Call 630-634-5050 to schedule a free consultation.