Predicting Alimony in an Illinois Divorce

 Posted on May 28, 2026 in Spousal Maintenance

Alimony, called spousal maintenance in Illinois, is often one of the most misunderstood parts of the divorce process. Some assume it's always granted to the lower-earning spouse, or that it will last forever. Neither of these things is automatically true.

If maintenance is awarded, the amount and how long it lasts depend on each spouse's financial situation and life circumstances. The length of the marriage also factors in. If you're heading into a divorce in 2026 and have questions about what to expect, a Naperville, IL divorce attorney can help you understand how the court will make decisions about spousal maintenance.

Why Isn’t Spousal Maintenance Automatically Awarded in an Illinois Divorce?

Spousal maintenance is never guaranteed in Illinois. If spouses entered into a valid prenuptial or postnuptial agreement that addresses maintenance, a judge will most likely honor it. Each decision about alimony is made case-by-case.

Spousal maintenance is intended to give a lower-earning spouse financial stability until they’re able to provide for themselves after a divorce. A court will only award maintenance if it believes maintenance is appropriate based on both spouses' finances and circumstances.

If both spouses can reach an agreement on maintenance on their own or through negotiation, the court will typically incorporate that agreement into the final divorce decree. When spouses can't agree, a judge steps in. They will apply the factors set out in 750 ILCS 5/504 to decide whether maintenance is warranted and, if so, in what amount and for how long.

What Factors Does an Illinois Court Consider When Deciding on Maintenance?

Illinois courts look at more than the income of each spouse when deciding on maintenance. A primary factor is how long the marriage lasted. Others include:

• The income, assets, and property each spouse will have after the divorce

• Each spouse's current and future earning capacity

• Any reduction in a spouse's earning ability from time spent on homemaking or child-rearing

• The contributions one spouse made to the other's career or earning potential

• How long would it reasonably take the dependent spouse to become financially independent

• The standard of living established during the marriage

• The length of the marriage

• The age, health, and overall well-being of both spouses

• Any arrangements being made for the couple's children

These help the court get a holistic picture of each spouse’s situation.

How Does the Length of the Marriage Affect Alimony in Illinois?

Marriages less than five years long are awarded maintenance for a time equal to 20 percent of the marriage’s length. Marriages in the range of five to 19 years are also granted maintenance as a percentage of how long the marriage lasted. Shorter marriages result in fewer years of maintenance. Longer marriages result in more. Courts also retain the power to adjust maintenance amounts if needed.

For very long marriages, i.e., 20 years or more, a judge can award indefinite maintenance. In these cases, payments continue until the recipient remarries, cohabitates with a romantic partner, or the court modifies the order. Maintenance for these cases also ends if either spouse dies.

What Are the Different Types of Spousal Maintenance in Illinois?

Illinois has several types of maintenance that serve different needs. The type awarded depends on the circumstances of the case.

Temporary Maintenance

Temporary maintenance can be ordered while the divorce is still pending. It's intended to stabilize a dependent spouse's situation during the divorce process, which can be long and expensive. Once the divorce is finalized, temporary maintenance ends. Getting temporary maintenance does not guarantee that you will get longer-term maintenance in your divorce decree.  

Rehabilitative Maintenance

This is the most commonly awarded type. Rehabilitative maintenance gives the recipient spouse time to gain the education, job skills, or training needed to become self-supporting. The payments are tied to a specific goal and generally end when that goal is achieved or the term expires. Courts favor this approach to reduce the long-term financial dependency of ex-spouses.

Reviewable Maintenance

When a spouse can't yet support themselves but is expected to be able to in the future, a court may award "reviewable maintenance." This means the order can be revisited at a set date.

Long-Term Maintenance

Long-term or permanent maintenance is reserved for situations where the recipient spouse is unlikely to become self-supporting, often due to age, health, or the length of the marriage.

If you and your spouse decide to draft your own maintenance agreement, make sure to have it looked over by a family law attorney. Both spouses need to be aware of what they are committing to and confident that it’s fair to them.

Call a DuPage County, IL Maintenance Attorney Today

The Naperville, IL divorce lawyers at Pesce Law Group, P.C. have nearly two decades of legal experience with family law cases, including those involving spousal maintenance. Attorney Pesce is also court-approved in DuPage County to serve as a mediator for custody and visitation matters. Call us at 630-352-2240 to set up a free consultation today.