Keith Urban and Nicole Kidman’s recent separation at the 19-year mark has prompted commentary from the incredulous “What happened? They seemed so perfect!” to the resigned (“Well, the writing was on the wall – it was inevitable to end at some point.”

In the land of a 72-day marriage, a 19-year marriage—by Hollywood standards or anywhere else—is a remarkably long commitment. Moreover, from a practical perspective, a nearly-two-decade marriage comes hand in hand with committedly intertwined lives: careers, homes, children, mutual investments, and likely talk of retirement and future plans. The decision to move forward with a divorce (or a separation) after that significant duration is obviously not a decision which can be made lightly.

Pop culture has long latched onto the notion of a “seven-year itch” or mid-life crises, but a 19-year milestone carries its own weight from a legal perspective as well. There is a deeper legal resonance in many U.S. jurisdictions, Illinois among them, around how marriage duration shapes spousal maintenance (alimony) obligations.

Maintenance Law in Illinois: The Basics

  • In Illinois, “maintenance” is the statutory term for what many call alimony, or spousal support.
  • Whether and how much maintenance is awarded depends on multiple factors, including the length of the marriage, the income and earning capacities of both parties, and the standard of living established during the marriage.

One of the most striking things about Illinois’ maintenance law is how closely it ties the term of payments to the length of marriage. The length of a marriage in Illinois is calculated from the date of the marriage to the date of the filing of a Petition (not the date the divorce is actually finalized).

Under the statutory guidelines, maintenance duration is calculated as follows:

  • Married less than 5 years: 0.20 of marriage duration
  • Married 5 years: 0.24
  • Married 6 years: 0.28
  • Married 7 years: 0.32
  • Married 8 years: 0.36
  • Married 9 years: 0.40
  • Married 10 years: 0.44
  • Married 11 years: 0.48
  • Married 12 years: 0.52
  • Married 13 years: 0.56
  • Married 14 years: 0.60
  • Married 15 years: 0.64
  • Married 16 years: 0.68
  • Married 17 years: 0.72
  • Married 18 years: 0.76
  • Married 19 years: 0.80
  • Married For 20 years or more: The court, in its discretion, shall order maintenance for a period equal to the length of the marriage or for an indefinite term.

It is important to remember – the statute functions as a guideline – not a mandate. Nonetheless, the 19th year marks a pivotal threshold – it’s long enough that the term of maintenance becomes a very substantial fraction of the marriage, but not quite over the brink to an indefinite term.

For everyday couples, the takeaway is that once a marriage crosses into this duration, the financial exposure is significant- and plans for retirement and your future may be impacted. Further, for those considering marriage, a prenuptial agreement can preemptively address many elements of a potential divorce, including (but certainly not limited to) support duration.

If you’re facing divorce, or considering a prenuptial agreement, it is imperative to consult with an experienced family law attorney who can help guide you through next steps.

Madison H. Boland, Partner

For more on Ms. Boland, please visit www.beermannlaw.com/team/madison-h-boland/.