Can You Get Alimony in Illinois?

 Posted on May 15, 2026 in Family Law

Spousal maintenance, what most people call alimony, is one of the biggest financial questions in any Illinois divorce. If you have questions about alimony, a Naperville alimony and maintenance attorney can review your situation.

What Is Spousal Maintenance Under Illinois Law?

In Illinois, alimony is officially called spousal maintenance. It is financial support that one spouse may be ordered to pay the other during or after a divorce. Under the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/504, the goal is to help the lower-earning spouse maintain a reasonable standard of living until such time as they can earn one for themselves.

The most important thing to know about spousal maintenance is that couples are strongly encouraged by the court to make an agreement about maintenance payments themselves. IN most cases, this is what happens. Judges only step in to make decisions about payments when other approaches like mediation have failed.

Once a judge gets involved, maintenance is still not automatic. A court will only award it when the spouse asking has a genuine financial need, and the other spouse has the ability to pay. Either spouse can receive or be required to pay it, regardless of gender.

What Factors Does an Illinois Court Consider Before Awarding Spousal Maintenance?

Illinois courts weigh a list of factors before deciding whether to award maintenance at all. Those factors include each spouse's current and future earning ability, whether one spouse gave up job or education opportunities during the marriage, the couple's standard of living, the length of the marriage, and the age and health of each spouse. No single factor controls the outcome. In shorter marriages, maintenance is less common. In marriages of 20 years or more, it becomes much more likely and can potentially last indefinitely.

How Do Illinois Courts Calculate the Amount of Spousal Maintenance?

For couples with a combined gross income under $500,000, Illinois uses a set formula: Take 33.3 percent of the paying spouse's gross monthly income, then subtract 25 percent of the receiving spouse's gross monthly income. The result is the monthly maintenance amount. One cap applies: the receiving spouse cannot end up with more than 40 percent of the couple's combined gross income.

Here is a simple example. The paying spouse earns $8,000 per month gross. The receiving spouse earns $2,500 per month gross. The formula produces payments of about $2,042 per month, which would be reduced slightly so the receiving spouse is not taking home more than 40 percent of the combined income ($4,200).

When the combined gross income exceeds $500,000, the formula does not apply, and a judge has more flexibility to decide an amount.

How Long Does Spousal Maintenance Last in an Illinois Divorce?

The length of maintenance is tied directly to how long the marriage lasted. For marriages under five years, maintenance lasts for 20 percent of the length of the marriage. That percentage rises by four points for each additional year. For marriages of 20 or more years, a court may order maintenance for a period equal to the length of the marriage or for an indefinite term. Maintenance ends early if the receiving spouse remarries, either spouse dies, or the receiving spouse begins living with a new partner in a marriage-like relationship.

2025 Illinois Law Changes to Alimony When One Spouse is in Jail

Before 2025, Illinois law said maintenance did not accrue while a person was imprisoned for failing to pay maintenance. That meant the unpaid amount did not keep building during that specific period.

Public Act 103-967, which amended 750 ILCS 5/504 effective January 1, 2025, removed that rule. Now, unpaid maintenance can continue to become a legal debt while the paying spouse is incarcerated.

This does not mean the incarcerated spouse is expected to pay from prison. It means the debt keeps growing. To get relief, the paying spouse must file a petition asking the court for a modification. Courts can reduce the obligation based on a real inability to pay, but they will not do so on their own. Anyone facing jail time while making alimony payments should speak with an attorney right away.

Schedule a Free Consultation with a Naperville, IL Spousal Maintenance Attorney

Spousal maintenance disputes can be hard to navigate alone, especially when the law has recently changed. Whether you are trying to secure support, modify an existing order, or understand what the 2025 amendments mean for your case, the experienced attorneys at Mevorah & Giglio Law Offices are ready to help. With over 175 years of combined experience in Illinois family law, our team keeps clients informed at every stage and never leaves you guessing about where your case stands. We offer free consultations. Call 630-932-9100 today to speak with our Bloomingdale, IL alimony lawyers and take the first step toward protecting your financial future.