Spousal Support Not Automatic in Divorce

 Posted on April 06, 2026 in Alimony

If you are going through a divorce in 2026, you may be wondering whether you will have to pay alimony or whether you are entitled to receive it. Many people assume that one spouse will automatically get financial support after a marriage ends. That is not how Illinois law works.

Spousal support, also called spousal maintenance or alimony, is never guaranteed. Whether a judge orders it depends on the facts of your case. How much and how long alimony gets paid is calculated using a formula that other factors that most people are not aware of. An experienced Arlington Heights, IL divorce attorney can explain what to expect and help you protect your financial future.

How Has Illinois Changed Its Approach to Spousal Support?

For many years, spousal support was a standard part of divorce. When a marriage ended, one spouse, usually the wife, often had a harder time supporting herself. She may have stayed home to raise children or given up career opportunities during the marriage. The other spouse was frequently ordered to make support payments to help cover that gap.

Over the past few decades, more families have relied on two incomes. Gender roles in marriage have also shifted. Illinois law has kept pace with these changes. Today, gender plays no role in whether maintenance is ordered. Either spouse can ask for it. The court will not assume support is appropriate just because one person earns less than the other or because the person asking is a woman.

What Does Illinois Law Say About Whether Spousal Support Will Be Ordered?

Many people assume that one spouse will automatically get financial support after a marriage ends. According to the U.S. Census Bureau, about 11.5 million people in the United States receive or are owed spousal or child support, but getting that support is never automatic under Illinois law. Whether a judge orders it depends entirely on the facts of your case. Although spouses are encouraged to negotiate an arrangement themselves, if the decision is left to a judge, the court will only order maintenance after looking closely at both spouses’ situations. Under 750 ILCS 5/504 of the Illinois Marriage and Dissolution of Marriage Act, the court weighs several factors before deciding whether maintenance is appropriate, including:

• Each spouse’s income, assets, and property, including their share of the marital estate.
• The realistic earning ability of each spouse, now and in the future.
• Whether one spouse’s earning ability was hurt during the marriage because they gave up school, training, or career opportunities.
• The standard of living the couple had during the marriage.
• How long the marriage lasted.
• Each spouse’s age, health, and needs.
• Any tax consequences of a maintenance order.
• Any valid prenuptial or postnuptial agreement.
• Any other factor the court finds relevant.

A short marriage between two people with similar incomes is unlikely to lead to a maintenance order. A long marriage where one spouse left the workforce to care for children and the other built a strong career is a very different situation. No single factor decides the outcome. The court looks at the full picture.

How Does Illinois Calculate the Amount and Length of Spousal Support?

Illinois uses a legal formula to calculate maintenance in many cases, but not all. The formula usually applies when the spouses’ combined gross income is under $500,000 and certain other conditions are met. A judge can also choose not to use the formula if it would be unfair. This is where many people are surprised, even those who think they already know what to expect.

For the amount, the formula starts by taking 33.3 percent of the paying spouse’s net annual income. Then it subtracts 25 percent of the receiving spouse’s net annual income. The result is the annual maintenance figure. There is also an important cap: The amount of the receiving spouse’s combined income plus maintenance payments cannot exceed 40 percent of both spouses’ combined net income. This cap keeps support from going beyond what is fair.

For the length of payments, the law applies a multiplier based on how long the marriage lasted. A marriage of five years or fewer uses a multiplier of 0.20, meaning support would be paid for roughly one-fifth of the marriage’s length. The multiplier goes up as the marriage gets longer. For marriages of 20 years or more, a judge may order support for an indefinite period. These numbers give both sides a starting point for talks, but they are not set in stone. A judge can adjust based on the circumstances, and having a skilled divorce lawyer on your side can make a real difference in the outcome.

Can Spousal Support Be Negotiated Instead of Decided by a Judge?

Not every maintenance case goes before a judge. Many couples reach an agreement on their own through negotiation or mediation. If both spouses agree on an amount and a time frame, the court will generally approve the agreement as long as it is not unfair to either side. Settling outside of court can save time, reduce conflict, and give both parties more control over the outcome.

However, it is important to understand the statutory formula before you negotiate. If you agree to terms without knowing what a judge might have ordered, you could end up with less than you deserve, or commit to paying more than necessary.

Can Spousal Support Be Modified or Terminated After a Divorce?

A maintenance order usually doesn’t last forever. Illinois courts can change or end support when life circumstances shift in a significant way. If the paying spouse loses their job or becomes seriously ill, they can ask the court for a reduction. If the receiving spouse remarries, support ends. It may also end if the receiving spouse is living with another person in a continuing romantic relationship similar to a marriage. These situations come up often after divorce, and having an attorney who knows your case can be very helpful when dealing with them.

For many people, spousal maintenance is what keeps them financially stable while they adjust to life after marriage. Knowing how Illinois handles it before you file is one of the most important steps you can take.

Schedule a Free Consultation with a Rolling Meadows, IL Alimony Attorney

If you have questions about alimony, you deserve clear answers. Attorney Donald Cosley personally handles all aspects of his cases. When you call with questions, you will speak directly with him and will not be passed off to a paralegal or a support staffer. That means you get real answers from the Arlington Heights, IL spousal support lawyer who is actually working your case. Law Offices of Donald J. Cosley offers free initial consultations. Call 847-253-3100 today.