One concept you may have seen on reality television is how a standard of living may influence a divorce. A standard of living is “the level of material comfort experienced by individuals….” U.S. Legal Forms, “Standard of Living.”
But television portrayals can be misleading. Laws governing divorce vary by state, and rules applied in California do not control divorce proceedings in Illinois. In Illinois, a couple’s standard of living does not determine the amount of maintenance on its own, but it is one of several factors a court may consider.
Typical Maintenance Calculations in an Illinois Divorce
Before deciding how much maintenance may be paid, an Illinois court must first determine whether maintenance is appropriate at all. In making that determination, the court evaluates a number of statutory factors. These include the needs of each party, each party’s future earning capacity, the length of the marriage, the standard of living established during the marriage, and other relevant considerations. 750 ILCS 5/504.
No single factor controls the outcome, including the standard of living. Courts must consider all relevant factors together. The marital lifestyle may provide context when evaluating a spouse’s financial needs, but it does not by itself dictate whether maintenance will be awarded or in what amount.
After determining that maintenance is appropriate, the court decides how it should be calculated. If the spouses’ combined gross income is below $500,000 and certain statutory conditions are met, Illinois courts generally apply a guideline formula. Under the statute, guideline maintenance is calculated by subtracting 25% of the payee spouse’s net annual income from 33.3% of the payor spouse’s net annual income. The resulting amount is also subject to a cap so that the payee spouse does not receive more than 40% of the parties’ combined net income. 750 ILCS 5/504 (b‑1)(A)(1).
If the parties’ combined income exceeds $500,000, the court may award non‑guidelines maintenance. In those situations, the statute allows the court to determine maintenance after considering the full set of statutory factors rather than relying on the guideline calculation. 750 ILCS 5/504 (b‑1)(2).
This distinction matters because the guideline formula does not directly incorporate the statutory factors. By contrast, when a court considers non‑guidelines maintenance, factors such as the standard of living during the marriage may receive closer attention.
Even then, the court is not required to give each factor equal weight. Illinois courts have explained that the trial court may weigh the factors as long as the overall balance is reasonable. In re Marriage of Patel & Sines‑Patel, 2013 IL App (1st) 112571, 993 N.E.2d 1062, 1077.
Ultimately, the statute gives courts discretion to award maintenance “in amounts and for periods as the court deems just.” 750 ILCS 5/504(a).
The Impact of the Standard of Living on a Maintenance Award
In Illinois divorce cases, the marital standard of living is often treated as a reference point when evaluating a spouse’s financial needs. Courts have stated that a spouse is generally entitled to maintain a reasonable approximation of the lifestyle established during the marriage, when the financial circumstances of the parties allow it. In re Marriage of Carbone, 2023 IL App (4th) 220983, 237 N.E.3d 994, 999.
At the same time, courts recognize that divorce frequently requires both parties to adjust financially. The question often becomes whether the payor spouse has the ability to support two households while still maintaining a reasonable lifestyle.
Illinois case law reflects this balance. For example, courts have noted that living apart usually costs more than living together. In re Marriage of Krupp, 207 Ill. App. 3d 779, 794 (Ill. App. Ct. 1990).
The fact that a spouse receives assets in the property division does not automatically eliminate the possibility of maintenance. Illinois courts have held that a spouse is not required to sell awarded assets in place of receiving maintenance. In re Marriage of Minear, 287 Ill. App. 3d 1073, 679 N.E.2d 856, 863 (1997), aff’d, 181 Ill. 2d 552 (1998).
Similarly, a spouse’s efforts to save money during the marriage do not necessarily mean their lifestyle was modest. Savings can be considered part of a couple’s established financial pattern and may factor into how a court evaluates the marital standard of living. In re Marriage of Fields, 288 Ill. App. 3d 1053, 1062, 681 N.E.2d 166 (1997).
Maintenance awards are also subject to modification in certain circumstances. If there is a substantial change in circumstances, such as a change in financial needs or a change in the ability to pay, a court may review and adjust the award. 750 ILCS 5/510(a‑5).
Illinois courts have explained that modification or termination generally requires a meaningful change in either the receiving spouse’s needs or the paying spouse’s ability to provide support. Shen v. Shen, 2015 IL App (1st) 130733, 35 N.E.3d 1178, 1203.
Because maintenance may be temporary, reviewable, or modifiable, it is often intended to provide support while a spouse works toward greater financial independence. Illinois courts have recognized that helping a spouse regain financial stability is a common purpose of maintenance. In re Marriage of Lenkner, 241 Ill. App. 3d 15, 25 (1993).
Does the Standard of Living Impact Attorney’s Fees?
It can. Attorney’s fees and temporary child support are often addressed early in a divorce through requests for temporary relief.
At that stage, the court typically relies on the parties’ financial affidavits and other available information about their financial circumstances. In determining temporary support or interim attorney’s fees, the court may consider factors such as income, financial resources, and the marital standard of living. 750 ILCS 5/501(c‑1).
How Does the Standard of Living Impact Child Support in Illinois?
Child support in Illinois is usually determined under statutory guidelines based primarily on the parents’ incomes. However, courts may deviate from those guidelines when doing so is consistent with the child’s best interests. 750 ILCS 5/505(a)(2).
One of the considerations that may be evaluated in this context is the standard of living the child would have enjoyed if the marriage had not dissolved. Courts sometimes consider this factor when determining whether a guideline calculation appropriately reflects the child’s circumstances.
For instance, when a parent has substantial financial resources, a court may determine that a guideline amount does not adequately reflect the lifestyle the child would have experienced during the marriage. In re Marriage of Knight, 2024 IL App (1st) 230629, 256 N.E.3d 1158.
These considerations can also arise when courts allocate responsibility for college expenses or support for an adult child with disabilities.
Maintaining a Standard of Living When There Are Two Households
A common question in divorce cases is how a couple’s former lifestyle can be maintained once two separate households must be supported.
Illinois courts generally approach this issue by evaluating the payor spouse’s ability to contribute while still maintaining a reasonable standard of living for their own household. Courts have explained that maintenance may reflect the marital lifestyle as long as the paying spouse can reasonably afford the obligation. In re Marriage of Claydon, 715 N.E.2d 1201 (Ill. App. Ct. 4th Dist. 1999).
If financial circumstances change and supporting both households becomes difficult, the court may evaluate whether modification is appropriate. In some situations, financial strain may be shared by both parties until the court determines that a different arrangement is justified. In re Marriage of Fikejs, 2026 IL App (3d) 240183‑U.
Frequently Asked Questions About Standard of Living in an Illinois Divorce
When will the court consider the standard of living in a maintenance decision? Courts may consider the marital standard of living when evaluating the statutory maintenance factors. This issue often receives greater attention when courts determine non‑guidelines maintenance, such as when the parties’ combined income exceeds the statutory guideline threshold.
If I receive assets in the divorce, does that prevent me from receiving maintenance? Not necessarily. Illinois courts have held that a spouse generally is not required to sell awarded assets in order to support themselves before maintenance is considered.
Does the marital standard of living affect child support? It can. When determining whether guideline support is appropriate, courts may consider the lifestyle the child would likely have experienced if the marriage had continued.
Can the marital standard of living influence temporary relief? Yes. When deciding requests for interim attorney’s fees or temporary support, courts may review the parties’ financial affidavits along with other factors, which can include the standard of living during the marriage.
What happens if supporting two households makes the marital lifestyle difficult to maintain? Courts evaluate whether the paying spouse can reasonably afford the obligation while maintaining a reasonable lifestyle for their own household. If circumstances change significantly, a maintenance order may later be reviewed or modified.
