State alimony comparison
Recommended workflow
Start with the legal differences below, run one shared estimate scenario, then open each state guide for the detailed framework courts may apply.
Use this side-by-side data view as a starting point, then review the linked state law guides and calculators for deeper planning context.
| Factor | Illinois | New York |
|---|---|---|
| Support term | maintenance | maintenance |
| Formula profile | statutory-net | statutory |
| Property system | equitable | equitable |
| Legal framework | Temporary maintenance may be awarded during the divorce proceeding to address immediate financial needs. Post-divorce maintenance is governed by 750 ILCS 5/504, which establishes presumptive net-income formulas, duration schedules, and deviation factors for final awards. | Temporary maintenance during divorce proceedings is calculated using statutory formulas established in Domestic Relations Law § 236(B)(5-a). Post-divorce maintenance is governed by § 236(B)(6), where courts apply statutory formulas, duration advisory ranges, and deviation factors before entering a final award. |
| Statute citation | 750 ILCS 5/504 (Illinois Marriage and Dissolution of Marriage Act) | New York Domestic Relations Law § 236(B)(5-a) (temporary maintenance) and § 236(B)(6) (post-divorce maintenance) |
Best for
Relocation planning, negotiation prep, and state-by-state estimate checks.
Use with
Illinois and New York calculators for same-fact estimates.
Remember
Support outcomes still depend on judge discretion, facts, and local procedure.
Same-facts estimate
Use the same income and marriage facts to see how the planning estimate changes between Illinois and New York. This is educational, not a court prediction.
Statutory guideline estimate: 33.33% of payer net annual income minus 25% of recipient net annual income, capped so the recipient's net income plus maintenance does not exceed 40% of the parties' combined net income.
$1,500/mo
Planning range: $1,200-$1,800/mo
Duration: About 9 years
Guideline maintenance estimate using New York's higher formula: 30% of payer income minus 20% of recipient income, capped so the recipient does not receive more than 40% of combined income after maintenance. If the maintenance payer is also the noncustodial parent paying child support, New York uses a lower formula: 20% of payer income minus 25% of recipient income.
$2,000/mo
Planning range: $1,600-$2,400/mo
Duration: About 3 years
Illinois: Illinois uses statutory maintenance guidelines after the court first decides that maintenance is appropriate. Maintenance is not automatic. If guideline maintenance applies, the amount is calculated from the parties' net annual incomes, and the recipient's income after maintenance may not exceed 40% of the parties' combined net income. New York: New York uses statutory guideline formulas for temporary and post-divorce maintenance on the payor's income up to the statutory income cap. The formulas are presumptive guideline calculations, but courts may adjust or deviate if the guideline amount is unjust or inappropriate after considering statutory factors. Maintenance above the income cap is discretionary.
Illinois: Illinois uses statutory duration multipliers based on the length of the marriage at the time the action is commenced. For marriages under 20 years, the duration is calculated by multiplying the marriage length by a factor that increases with marriage length. For marriages of 20 years or more, the court may order maintenance for a period equal to the length of the marriage or for an indefinite term. New York: New York uses a nonmandatory advisory duration schedule for post-divorce maintenance. For marriages up to and including 15 years, guideline duration is generally 15% to 30% of the marriage length. For marriages over 15 years and up to 20 years, guideline duration is generally 30% to 40% of the marriage length. For marriages over 20 years, guideline duration is generally 35% to 50% of the marriage length. Temporary maintenance lasts only while the divorce case is pending.
Illinois: Maintenance may be modified upon a substantial change in circumstances unless the award is expressly non-modifiable. Courts review financial developments, employment changes, retirement, and other relevant factors when evaluating modification requests. New York: Maintenance orders may be modified when statutory standards for modification are satisfied, including qualifying changes in circumstances. Separation agreements and judgments may contain additional provisions affecting modification rights.
Illinois uses statutory maintenance guidelines that rely primarily on the parties' net incomes. For many cases, courts calculate maintenance using a formula established in 750 ILCS 5/504, while retaining authority to deviate when application of the guideline would be inappropriate. The statute also provides duration multipliers tied to the length of the marriage.
Eligibility: A spouse may qualify for maintenance when the statutory analysis demonstrates a need for support and the circumstances justify an award. Courts examine income, property distribution, earning capacity, future opportunities, and the standard of living established during the marriage. Qualification is determined under the statutory factors rather than income disparity alone.
New York uses the term maintenance for spousal support and employs statutory formulas that provide presumptive maintenance amounts in many cases. Courts begin with the statutory calculation but may deviate when the formula would be unjust or inappropriate after considering statutory factors. Maintenance awards are intended to address economic disparities created by the marriage and divorce.
Eligibility: A spouse may qualify for maintenance when there is a demonstrated economic disparity and the statutory analysis supports an award. Courts review the parties' incomes, property distribution, future earning potential, and financial circumstances. Qualification does not require fault and is evaluated under the statutory framework.
Alimony rules vary by state. Comparing two states helps readers understand differences in formulas, duration ranges, eligibility rules, modification standards, and judicial discretion before deeper research.
No. SettleCompass comparison pages are educational planning resources only and do not replace advice from a licensed family law attorney.
Yes. State formulas, income caps, duration rules, statutory factors, and judge discretion can produce different outcomes from the same basic facts.
Use state-specific calculator pages to model the same income and marriage-length assumptions across both states.
