In Illinois, the length of time you have to pay maintenance or the length of time you will receive maintenance is referred to as duration. The duration of maintenance is a percentage of the length of your marriage. The percentage varies depending on how long you were married. The length of your marriage is determined by the date of your marriage and the date your case is filed (not the date of your divorce). If you were married twenty or more years, the court can order maintenance for the length of your marriage. If you were married for twenty-five years you would pay maintenance for twenty-five years. Or, the court can order you to pay maintenance indefinitely, which means you pay maintenance until the court orders that you don’t have to pay it any more. If you were married less than twenty years, your maintenance duration is determined by the following:
| Length of Marriage | Percentage |
|---|---|
| Less than five years | 20% |
| 5-6 years | 24% |
| 6-7 years | 28% |
| 7-8 years | 32% |
| 8-9 years | 36% |
| 9-10 years | 40% |
| 10-11 years | 44% |
| 11-12 years | 48% |
| 12-13 years | 52% |
| 13-14 years | 56% |
| 14-15 years | 60% |
| 15-16 years | 64% |
| 16-17 years | 68% |
| 17-18 years | 72% |
| 18-19 years | 76% |
| 19-20 years | 80% |
For example, if you were married on January 1, 2010 and your case was filed on March 1, 2024, your marriage length is fourteen years and two months. Maintenance would be ordered for 60% of your marriage or 102 months.
You may not actually pay/receive maintenance for the entire duration ordered. Maintenance can be terminated or modified by the court based on certain circumstances. If you are concerned about the amount of time you will have to pay maintenance or how long you will receive maintenance and you have a case in Madison, St. Clair, or Bond Counties, the attorneys at Mitchell Highlander can help.