Do Illinois Courts Still Award Spousal Support?

 Posted on February 14, 2026 in Divorce

A person going through an Illinois divorce may wonder if they’ll be entitled to financial help from their spouse after the dust settles. The answer is yes, Illinois courts can and do award spousal support (also called maintenance or alimony).

If you are considering divorce in 2026 and have questions about your future financial resources, a Wheaton divorce attorney can help you understand your rights and options. Every divorce case is different, and what happens in your case will depend on your unique circumstances.

What Is Spousal Support?

Spousal support is money that one spouse pays to the other spouse after a divorce. The purpose of this money is to help the lower-earning spouse keep a reasonable standard of living while they work towards financial independence.

Spousal support is not meant to punish or reward anyone. It exists because marriage is a partnership where one spouse often has to make sacrifices for the other’s career. When that partnership ends, the law recognizes that the other spouse may need financial help.

Who Can Receive Spousal Support in Illinois?

Many people who get divorced receive spousal support, but not all. Under law 750 ILCS 5/504, courts consider these things when deciding on support:

• How long the marriage lasted
• The income and property of each spouse
• The needs of each spouse
• The realistic earning capacity of each spouse
• How the marital property was divided
• Any agreements made between the spouses
• The age and health of both spouses
• The standard of living during the marriage
• Whether one spouse helped the other get education, training, or a career
• Tax consequences of the support award
• Contributions one spouse made as a homemaker
• Any other factor the court thinks is relevant

How Do Illinois Courts Calculate Spousal Support?

The Illinois Spousal Support Formula

For marriages that lasted less than 20 years where the combined income of both spouses is less than $500,000, Illinois law uses a formula to calculate spousal support. This formula is:

33.3 percent of the paying spouse’s income minus 25 percent of the receiving spouse's income.

The resulting number is the amount of support the receiving spouse will get as long as it does not bring their income above 40 percent of the combined income of both spouses. Judges can also make modifications to how much spousal support is awarded if needed.

Longer Marriages and Marriages Over $500,000 Combined Income

For longer marriages or higher incomes, judges have more flexibility and do not use the formula. They look at the factors listed above and decide what is fair.

How Long Does Spousal Support Last in Illinois?

The length of spousal support depends on how long the marriage lasted. For marriages under 20 years, Illinois law uses a percentage of the marriage's length to decide how long support lasts. This percentage increases for every year the couple was married.

For marriages that lasted 20 years or more, the court can order maintenance for a length equal to the marriage, or permanently.

Can Permanent Maintenance Be Changed?

Either spouse can ask the court to modify or end maintenance if circumstances change significantly. Also, maintenance usually ends if the receiving spouse remarries or if either spouse dies.

Can Spousal Support Be Modified After the Divorce?

Illinois courts can modify spousal support orders if there is a substantial change in circumstances. This might include:

• A significant change in income for either spouse
• Job loss or disability
• Retirement
• A change in the needs of the receiving spouse

If you believe your spousal support order should be changed, you need to go back to court and ask for a modification. Your spouse can also ask to modify the order if their situation changes.

Will the Court Still Use the Formula If My Spouse and I Agree on Spousal Support?

If you and your spouse agree on whether one of you will pay spousal support, how much, and for how long, you can include that agreement in your divorce settlement. The court will usually approve agreements that both spouses make voluntarily, as long as the agreement is fair and reasonable.

Having an agreement can make your divorce faster and less stressful. However, you should always have a lawyer review any agreement before you sign it. Do not cheat yourself of money in the future by agreeing to a support plan that might not serve you well.

Call a West Chicago, IL Divorce Lawyer Today

If you are going through a divorce and have questions about spousal support in Illinois, our Wheaton spousal maintenance lawyer at Hensley Sendek Law is ready to help. With experience from a high-profile firm in Oak Brooks, she is ready to help with complex divorce cases, high-asset divorces, and business valuation. Our attorney brings valuable, real-world knowledge to your case. Contact Hensley Sendek Law at 630-358-9029 today for your free consultation.