How Does Alimony Work in Illinois?

 Posted on April 15, 2026 in Spousal Support

If you are getting divorced, you may have questions about alimony. In Illinois, alimony is called spousal maintenance or support. It’s financial assistance that a spouse pays to the other spouse after a divorce. In some cases, spouses agree on the amount and duration of alimony before they get divorced through a prenuptial agreement or separation agreement. 

At A. Traub & Associates, we provide our clients with highly personalized services to suit their needs. With over 100 years of combined experience, our Wheaton, IL family law attorneys are highly qualified to represent you during a contested divorce and help you understand whether maintenance is something you have to consider.

Who Gets Spousal Support in an Illinois Divorce?

Spousal maintenance is typically used to reduce the financial burden created by a divorce. Both men and women may qualify for spousal maintenance. If the couple is not able to agree upon a spousal maintenance arrangement outside of court, the court will evaluate the spouses’ financial and life circumstances and determine if spousal maintenance is appropriate.

Illinois courts consider the following factors when deciding whether to award a spouse alimony:

• Any agreement the parties have reached regarding maintenance

• Each party’s income and property

• Each party’s financial needs

• Whether time spent as a homemaker or stay-at-home parent reduced the income or employability of the spouse who is seeking maintenance

• Each party’s present and future earning capacity

• How long it would take the spouse who is seeking maintenance to be financially independent

• How long the marriage lasted and what the standard of living was during the marriage

• Tax implications

Every divorce has unique circumstances, and the courts take that into consideration when assessing your case.

Negotiating Spousal Support Outside of Illinois Court

Many couples in Illinois choose to work out spousal support outside of court instead of asking a judge to decide for them. This can happen through informal talks, attorney-led settlement discussions, or mediation. In many cases, this approach gives both spouses more control over the outcome.

One of the biggest advantages is flexibility. A court may be limited to deciding whether maintenance should be paid, how much should be paid, and how long payments should last. When spouses negotiate, they may be able to build a more detailed agreement that fits their real lives. For example, they might agree on a step-down payment schedule, a review date, or terms tied to a job change or retirement.

Negotiating outside of court can also save time and money. Litigation often means multiple hearings, preparation costs, and delays. A negotiated agreement may resolve the issue faster and with less stress. That matters when both people are trying to move forward and build separate households.

How Much Alimony Can You Get in a 2026 Divorce in Illinois?

If the court determines a spousal maintenance award, the amount of maintenance a spouse receives is based on a statutory formula. First, each spouse’s net income is determined. Next, 25 percent of the recipient spouse’s net income is subtracted from 33 percent of the payor spouse’s net income to calculate annual maintenance to be paid to the recipient spouse. Spousal maintenance is capped at 40 percent of the spouses’ combined net income.

Can Courts Deviate From Spousal Support Formulas in Illinois?

The statutory formula gives courts a starting point for deciding how much support should be paid and for how long. However, a court can deviate from the guideline amount or duration when applying the formula would not be fair (750 ILCS 5/504). Judges look at the facts of the marriage and the needs of both spouses.

The guideline formula is important, but it is not always the final answer. In higher-income cases, unusual financial situations, or marriages with special circumstances, a judge may decide that a different result is more appropriate.

How Long Does Spousal Maintenance Last in Illinois?

The duration of spousal maintenance payments varies from case to case. If the parties reached an agreement about maintenance out of court, that agreement will likely contain terms that address the duration of the payments. If the court determines maintenance, the duration of payments will depend largely on the duration of the marriage. 

The longer the couple was married, the longer the recipient spouse is entitled to maintenance. If the couple was married for 20 years or more, the court may award permanent maintenance. However, alimony is terminated if the recipient spouse remarries. If the recipient moves in with a romantic partner, the paying spouse may petition the court to terminate maintenance as well.

How Is Alimony Enforced Through the Courts in Illinois?

When a spouse does not pay court-ordered maintenance, the other spouse can ask the court to enforce the order. The first step is usually filing a motion or petition with the court. The judge can review the order, the payment history, and the reason for the failure to pay. If the paying spouse had the ability to pay but chose not to, there would be consequences.

Enforcement options can include entering a judgment for unpaid amounts, ordering income withholding, or requiring payment through other collection methods. In some cases, the court may also award attorney’s fees to the spouse who had to bring the enforcement action.

If a spouse willfully refuses to follow a maintenance order, the court may find that person in contempt. In simple terms, contempt means the person knew about the order, had the ability to obey it, and still failed to do so. A finding of contempt can lead to serious consequences. The judge may order the spouse to pay the past-due support, cover the other party’s attorney’s fees, or comply with other court-directed remedies. In more serious cases, the court may use stronger penalties to coerce the person into obeying the order. 

If the non-paying spouse truly cannot afford the current amount, the proper response is usually to request a modification, not to ignore the order. Until a court changes the support obligation, the existing order remains in effect. That is why prompt legal action matters for either side when maintenance problems arise.

Contact Our Wheaton, IL Spousal Maintenance Lawyers Today

Divorcing spouses may negotiate their own alimony or spousal maintenance arrangement, or spousal maintenance may be awarded by the court. For help, contact one of the skilled DuPage County, IL divorce attorneys at A. Traub & Associates. Call us at 630-426-0196 for a confidential consultation.