Am I Guaranteed Alimony After a Long Marriage?

 Posted on August 12, 2026 in Divorce

If your marriage is coming to an end after many years, alimony (or spousal maintenance, as it’s known in Illinois) can offer you security as you transition into a new phase of life.

Maintenance is not automatic after any divorce. Courts take into account the length of the marriage and the circumstances of each spouse before making a decision about whether to award maintenance or not. A Cook County, IL alimony attorney can help you understand what a court will factor into its decision during your 2026 divorce.

Is Alimony Automatic After a Long Marriage in Illinois?

Maintenance is never automatic in Illinois divorces. Under 750 ILCS 5/504, the judge first makes a decision about whether an award of maintenance is appropriate. Specific points for the judge to consider are outlined in the statutes. If a court decides that maintenance is needed, it will decide on the amount and duration.

It is not unusual for maintenance to be awarded for marriages that lasted for many years. When one partner worked, and the other didn't during a long marriage, maintenance can be very important. Courts understand that a spouse may not be able to support themselves after divorce if they were out of the workforce for a long time. There is, however, no minimum marriage length that automatically qualifies someone for maintenance.

What Does an Illinois Court Consider Before Awarding Maintenance?

Each divorcing couple's situation is different. When determining whether maintenance is appropriate in a given situation, courts will review:

• Each spouse's income, property, and needs after the property division
• Each spouse's realistic present and future earning capacity
• Whether a spouse's earning capacity was affected by time spent on the household
• The time and training the receiving spouse would need to find work
• The standard of living established during the marriage
• The duration of the marriage
• The age of the spouses
• Any valid agreement between the spouses regarding maintenance (such as a prenuptial agreement)

Much of what determines a court's decision is about individual capacity rather than marriage length. If both spouses worked throughout a long marriage and have the ability to support themselves, a court may choose not to award maintenance.

How Is the Amount of Maintenance Calculated in Illinois?

Illinois uses a guideline formula when the couple's combined gross annual income is under $500,000, and the paying spouse has no financial obligations from a prior relationship. Twenty-five percent of the payee's net annual income is subtracted from 33 1/3 percent of the payor's net annual income to find the baseline maintenance amount. The maintenance payment can't leave the receiving spouse with more than 40 percent of the couple's combined net income.

The formula doesn't automatically apply above $500,000 in combined gross income. It also may not apply where the payor has support obligations from an earlier relationship. In these cases, the court determines an amount using the statutory factors instead.

How Long Does Spousal Maintenance Last in Illinois?

How long maintenance payments last depends on the length of the marriage. Marriages less than five years long will receive maintenance for 20 percent of the length of the marriage. The duration of maintenance increases as the length of the marriage increases.

Maintenance may be ordered for a substantial period for long marriages. When a marriage is 15 years long, the guidelines state that maintenance will last 64 percent of the marriage's length. For a marriage of 19 years, maintenance will last 80 percent of the length of the marriage. For marriages 20 years long or more, courts can order maintenance equal to the length of the marriage or indefinitely.

You or your spouse can later ask the court to change or end the award based on a substantial change in circumstances. If you are the receiving spouse, remarriage or marriage-like cohabitation typically ends payments.

Call a Lisle, IL Alimony Attorney Today

Maintenance awards often hinge on details. If you're in need of spousal maintenance, an experienced attorney can help you present your situation clearly to the court.

The Cook County, IL divorce lawyers at SpyratosDavis LLC handle many aspects of family and divorce law. Contact us by calling 630-810-8881 for a comprehensive discussion of your situation.