What Is the Difference Between Temporary and Permanent Spousal Support?

 Posted on March 06, 2025 in Spousal Support

When a couple decides to end their marriage, they must address a variety of concerns as they proceed with their divorce. In some cases, spousal maintenance (also known as spousal support or alimony) is one of those concerns. 

A spousal maintenance order creates a legal obligation for one spouse to pay financial support to the other. These payments may be necessary to ensure that both spouses can maintain a reasonable standard of living. However, spousal maintenance is not automatic, and the Court considers multiple factors when determining whether support should be awarded. An Illinois divorce lawyer can help explain further. 

Temporary Alimony in Illinois  

Temporary maintenance, as the name suggests, is awarded for a limited period of time during divorce proceedings. This support helps the lower-earning spouse maintain financial stability until a final spousal maintenance order is issued. It allows both spouses to meet their financial needs while the divorce process is ongoing. Temporary support ends once the divorce is finalized, at which point the Court will decide whether to award long-term maintenance.  

A Judge will determine an appropriate amount of temporary spousal maintenance based on the incomes and needs of both spouses. Illinois law provides a formula for calculating temporary maintenance when the couple’s combined gross income is under $500,000 and the paying spouse has no prior support obligations.  

How Is Alimony Calculated in Illinois?

To set alimony payments, Courts usually take 33.3 percent of the paying spouse’s net income and subtract 25 percent of the receiving spouse’s net income. That being said, the spousal maintenance payments cannot be more than 40 percent of the couple’s combined income. 

For example, if the paying spouse’s net income was $100,000 a year, and the receiving spouse’s net income was $30,000, the formula would say that $33,300 minus $7,500 comes out to $25,800 a year, or around $2,150 a month. Because $2,150 is less than 40 percent of the couple’s combined income ($52,000), this would be allowed. 

Permanent Alimony in Illinois  

Despite the name, "permanent" spousal maintenance does not always mean lifelong payments. Illinois law prefers setting support based on the length of the marriage. However, some exceptions exist for long-term marriages or situations where a spouse cannot become self-sufficient.

Illinois law uses a statutory scale to determine how long maintenance lasts, which means the law decides how long payments will be made based on how long the marriage lasted: 

• 0 - 5 years: 20 percent of the marriage length

• 5 - 10 years: 40 percent of the marriage length

• 10 - 15 years: 60 percent of the marriage length

• 15 - 20 years: 80 percent of the marriage length

• 20+ years: Indefinite or equal to marriage duration

For example, if a couple was married for 12 years, the recipient spouse may receive maintenance for just over seven years. If they were married for 22 years, the recipient spouse may receive maintenance indefinitely or for 22 years. In cases where indefinite maintenance is awarded, payments continue until the recipient remarries, cohabitates in a marriage-like relationship, or either spouse passes away.  

When Can Alimony Be Changed or Stopped?

Spousal maintenance is not necessarily permanent. Illinois law allows modifications when a substantial change in circumstances occurs. Either spouse may petition the Court to modify or terminate support due to:  

• Job loss or a significant decrease in income of the paying spouse  

• A substantial increase in the recipient’s income

• Retirement (if it significantly affects the paying spouse’s ability to pay)  

• Remarriage or cohabitation of the recipient spouse  

• A serious illness or disability affecting the financial situation of either spouse  

The Court will carefully examine financial documents and circumstances before approving any changes to an existing order.  

Can I Stop Paying Alimony if My Ex Lives with Someone New?

Illinois law automatically terminates spousal maintenance if the recipient spouse begins cohabitating in a "marriage-like" relationship. Even without remarriage, the Court may still end spousal maintenance. Courts consider factors such as:  

• Whether the couple shares a residence  

• The length of the relationship

• Financial interdependence (joint bank accounts, shared expenses, etc.)

• Whether they present themselves as a couple to family and friends 

If the paying spouse believes the former partner is cohabitating, he or she can petition the Court to terminate support. The burden of proof is on the paying spouse to show that a supportive relationship exists.  

Contact Our Palatine, IL Alimony Lawyer  

If you are going through a divorce or separation and have questions about spousal maintenance, an experienced family law attorney can provide answers and ensure that you are prepared to address this issue correctly.  

The Northwest Cook County, IL spousal maintenance attorney at The Law Office of Nicholas W. Richardson, P.C. can provide representation during your divorce, advocating for solutions that protect your financial interests. We understand the complexities of spousal maintenance laws in Illinois, including issues affecting high-net-worth divorces, self-employed spouses, and modification requests.  

To schedule a free consultation, please contact us at 847.873.6741.