Will I Have to Work After My Divorce If I’ve Always Been a Stay-at-Home Parent?

 Posted on January 24, 2026 in Finances and Divorce

Divorce brings many changes. If you have been a stay-at-home parent for years, you may be wondering if you will need to find work after your marriage ends. The answer depends on several things, like the length of your marriage, your money-making ability, and the standard of living you had during the marriage. Courts in Illinois do not automatically need stay-at-home parents to work immediately after divorce. Instead, judges look at each case to determine what is fair based on your situation.

If you are going through a divorce in 2026 and need guidance, our Kane County divorce attorneys can help you understand your rights and options.

Will Illinois Courts Expect Me to Find Employment Right Away After Divorce?

Illinois courts understand that some spouses may have left the workforce, sometimes many years ago, to care for children or the household. These contributions are valuable even though they do not come with a paycheck. The court will consider this and whether you have the ability to support yourself after the divorce.

Under 750 ILCS 5/504, Illinois law allows courts to award "maintenance" (also called spousal support or alimony) to help non-working spouses become financially independent. The court looks at many factors when deciding whether to award maintenance and for how long. These include:

• The income and property of each spouse.

• The needs of each spouse.

• The present and future earning ability of each spouse.

• Any effect being a stay-at-home parent had on the present and future earning capacity of the spouse who wants maintenance. These include having given up or delayed education, training, employment, or career opportunities.

• The time needed to get education or training to allow the stay-at-home spouse to find adequate employment.

• The standard of living during the marriage.

• The duration of the marriage.

• The age and physical and emotional health of both spouses.

If you have been out of the workforce for many years, the court may recognise that you need time to update your skills, complete training, or find a job that matches your experience level.

How Long Can I Receive Spousal Support in Illinois?

The length of time you receive maintenance often depends on how long you were married. In 2026, Illinois law gives guidelines for the length of maintenance based on the length of the marriage. For marriages under 20 years, the maintenance is calculated as a percentage of the marriage length. For example, if you were married for 10 years, maintenance might last 40 percent of the marriage, or four years. The judge can adjust these timelines based on your case.

For marriages 20 years long or more, courts may give maintenance for a time equal to the length of the marriage. In some cases, maintenance is awarded indefinitely.

Maintenance is not guaranteed in every divorce. Courts look at whether the spouse seeking support needs it, and whether the other spouse has the ability to pay.

What If I Need More Time to Become Self-Supporting After Divorce?

If you need time to go back to school, complete a certification program, or build work experience, you should make this clear to the court. You can show evidence of the steps you are taking to become financially independent like job applications or enrollment in classes.

In some cases, the court may award "rehabilitative" maintenance. This is meant to give you the time and resources you need to get the skills or education to re-enter the workforce. The goal is to help you eventually support yourself completely.

If your situation changes after the divorce, you may be able to ask the court to change the maintenance order. This could be because of illness, disability, or unexpected problems getting employment. Modifications are not automatic, though. They require you to show a "substantial change in circumstances," or that something major has happened in your life to cause you to need the changes.

Call a St. Charles Alimony Attorney Today

The decision about whether you will need to work after your divorce depends on many factors. Illinois courts try for a fair outcome that considers your contributions during the marriage and your ability to support yourself moving forward.

If you are a stay-at-home parent facing divorce, a Kane County divorce lawyer from Weiler & Associates, P.C. can help you understand what to expect. Attorney Weiler is a Certified Financial Litigator, so he has specific experience helping litigate or settle very complex financial matters in divorce. Contact us at 630-331-9110 today to discuss your situation.