Negotiating a Spousal Maintenance Agreement

 Posted on March 11, 2026 in Spousal Maintenance

Divorce comes loaded with challenges. Compounding the emotional exhaustion are the many decisions that need to be made. One of the most significant issues is whether spousal maintenance will be part of the divorce settlement.

Maintenance, sometimes called alimony or spousal support, can be a major point of contention, but it doesn't have to be. A DuPage County divorce attorney can help you understand what maintenance procedures are and how to approach your spousal maintenance plans in a way that is fair to both parties.

What Is Spousal Maintenance in Illinois?

Spousal maintenance is money paid by one spouse to the other after a divorce. In shorter marriages, it's meant to help the lower-earning spouse while they get back into the workforce. Long marriages can sometimes result in permanent spousal maintenance.

In Illinois, maintenance isn't automatic. Under 750 ILCS 5/504, the court can award maintenance for "reasons [it] deems just." The court considers a range of factors when deciding if maintenance is appropriate, including:

• Each spouse's income and earning potential
• The length of the marriage
• The standard of living established during the marriage
• Each spouse's needs
• Any impact staying at home and not working has on a spouse’s ability to get a job after the divorce

If the court decides that maintenance is needed, it will award amounts based on how much combined income you and your spouse make and how long your marriage lasted.

Can You Negotiate Your Own Maintenance Agreement in Illinois?

If you and your spouse can reach your own agreement on maintenance, the court may approve it instead of making the decision for you. Many divorcing couples in 2026 choose this option. Courts in Illinois will generally honor a negotiated agreement as long as it's fair and both parties entered into it knowingly.  

That said, "negotiating your own agreement" doesn't mean you should do it yourself and without legal guidance. An attorney can help you understand what a court would likely award if you couldn't agree. This gives you a realistic baseline for negotiations. It also means you'll have someone checking the final terms for fairness before you sign anything.

What Should a Spousal Maintenance Agreement Include?

A well-drafted maintenance agreement should address some key issues. This makes it so there's no room for confusion later.

Amount and Payment Schedule

The agreement should state exactly how much maintenance will be paid and how often (monthly is most common). Both spouses need to understand what's being committed to and be confident that it's realistic given their actual finances.

Length of Maintenance

Maintenance can be temporary, for a set number of years, or in some cases, indefinite. Illinois guidelines base maintenance on how long the marriage was, unless the marriage lasted over 20 years. For these longer marriages, the court has more discretion, and so do you in your negotiations.

Termination Conditions

Your agreement should spell out what events will end maintenance payments. Under Illinois law, maintenance automatically ends if the recipient spouse remarries, if either spouse dies, or if the receiving spouse begins cohabitating with a new partner.

Modification Clause

Circumstances change. A modification clause allows either party to return to court and request a change. Changes can be made without a clause, but they require a substantial change in circumstances like a job loss, a serious illness, or a major change in income. Without this clause, it can be harder to adjust terms if life doesn't go as planned.

What Makes an Illinois Maintenance Agreement Unenforceable?

If you want to draft your own maintenance agreement, be mindful of what will legally void it. Illinois judges must review maintenance agreements and can reject them if they appear "unconscionable," or extraordinarily unfair to one party. This can happen when one spouse didn't fully understand what they were agreeing to, when financial information was hidden or misrepresented, or when the terms are so one-sided that no reasonable person would have agreed to them voluntarily.

This is another reason why having an attorney review your agreement before it's finalized matters. Issues that might seem minor can become real problems if the court decides the agreement doesn't hold up.

What If You Can't Agree During Spousal Support Negotiations?

If negotiations stall, there are options short of a full courtroom battle. Mediation is one of the most effective. A trained mediator helps both parties work through disagreements in a structured setting. Because of this, couples often reach resolution faster and at lower cost than litigation. If mediation doesn't resolve things, a judge will make the final call.

The more issues you can resolve through negotiation or mediation, the more control you retain over the outcome.

Call a Naperville, IL Spousal Maintenance Attorney Today

Anyone negotiating a spousal maintenance agreement needs a clear understanding of their rights under Illinois law. Our DuPage County divorce lawyers at Pesce Law Group, P.C. bring nearly two decades of family law experience to every case, and Attorney Pesce is Court-approved in DuPage County to serve as a mediator to help resolve disputes efficiently. If you're facing maintenance negotiations as part of your divorce, contact Pesce Law Group, P.C. at 630-352-2240 to schedule your free consultation.