Is Alimony Automatic in Illinois Divorces?

 Posted on December 30, 2025 in Spousal Maintenance

Alimony, called maintenance under Illinois law, is not automatic in an Illinois divorce. Whether maintenance is awarded depends on the facts of the marriage and the financial situation of each spouse. Courts look at need, ability to pay, and fairness, not assumptions.

While divorce is relatively common, outcomes vary widely. If you have questions about the specifics of your case, contact our Naperville, IL spousal maintenance lawyers for a personalized evaluation.

Is Alimony Required in Every Illinois Divorce?

Illinois courts do not automatically award maintenance in every divorce. Some divorces end with no ongoing financial support at all.

Judges first decide whether maintenance is appropriate. Only after that decision is made does the court examine how much support may be paid and for how long. Short marriages, similar incomes, or strong earning ability on both sides often result in no maintenance award. This case-by-case approach is meant to keep outcomes fair rather than one-size-fits-all.

Under 750 ILCS 5/504, courts are allowed to award maintenance when it is fair and reasonable based on the circumstances. The law does not guarantee maintenance. Instead, it gives judges guidance on how to evaluate each situation. The goal is to balance financial needs with each spouse’s ability to be self-supporting after divorce. Maintenance may be temporary, long-term, or denied entirely depending on the facts.

How Do Judges Decide Whether Alimony Is Appropriate?

Before setting any amount, the court must first decide if maintenance should be awarded at all. Judges look closely at each spouse’s financial situation and the role each person played during the marriage. Courts often consider factors such as:

• Each spouse’s income and earning ability

• The length of the marriage

• The standard of living during the marriage

• Whether one spouse gave up career opportunities

• Each spouse’s age and health

How Is the Amount of Maintenance Calculated in Illinois?

If the court decides maintenance is appropriate, the next step is calculating the amount. Illinois uses statutory guidelines in many cases.

Under 750 ILCS 5/504(b-1), guideline maintenance generally applies when the combined gross income of the parties is below a set threshold. The formula is based on a percentage of each spouse’s income, with limits to prevent unfair results.

Judges may deviate from the guideline amount if applying it would be unfair. This often happens in high-income cases or when unique circumstances are present.

How Long Does Alimony Last in Illinois?

The duration of maintenance depends largely on the length of the marriage. Illinois law provides advisory time frames that link marriage length to how long maintenance may last.

Shorter marriages often result in short-term maintenance or none at all. Longer marriages may lead to longer support periods. In some long-term marriages, maintenance may be ordered for an indefinite period, especially when one spouse is unlikely to become financially independent.

What Types of Alimony Are Available in Illinois?

Illinois recognizes several forms of maintenance, depending on the purpose of the monetary support:

• Temporary maintenance is paid while the divorce is pending.

• Rehabilitative maintenance is meant to help a spouse gain skills or education.

• Reviewable maintenance allows future court review.

• Indefinite maintenance is usually reserved for long marriages.

Each type serves a different goal. The focus is on helping both spouses move forward in a fair way.

Can Alimony Be Modified After Divorce in Illinois?

In many cases, maintenance can be modified if there is a substantial change in circumstances. This may include job loss, serious illness, or a significant change in income.

Under 750 ILCS 5/510, courts may modify or terminate maintenance if the change is ongoing and was not expected at the time of divorce. Some agreements limit future changes, which is why it is important to understand long-term consequences before agreeing to maintenance terms.

Schedule a Free Consultation With Our DuPage County, IL Spousal Maintenance Attorneys

At Pesce Law Group, P.C., we are focused on helping people understand their rights and options during divorce. Our team approaches maintenance issues with careful attention to fairness and long-term stability. Attorney Don Pesce brings almost two decades of legal experience to divorce and maintenance matters, helping clients navigate complex financial decisions with clarity.

If you have questions about alimony or maintenance, contact our Naperville, IL maintenance lawyers. Call 630-352-2240 to schedule a free consultation today and learn how Illinois law may apply to your situation.