Will I Pay or Receive Alimony in My Divorce?

 Posted on November 04, 2026 in Illinois Divorce

Leaving a marriage with less income than your spouse can raise concerns about paying your bills. Illinois courts award alimony, called maintenance, when the spouses’ financial circumstances justify it. The judge considers whether support is appropriate before deciding the amount and duration. If you have questions about spousal support in 2026, our St. Charles, IL divorce attorneys will explain what you could pay or receive.

How Does an Illinois Court Decide Whether to Award Alimony?

Under 750 ILCS 5/504, the judge must first decide whether maintenance is appropriate. That decision considers both spouses’ financial circumstances, including:

• Each spouse’s income and property
• Their reasonable needs and financial obligations
• Their present and future ability to earn
• Career opportunities given up during the marriage
• The standard of living established together
• The marriage’s length and each spouse’s health

A difference in earnings alone does not guarantee support. Someone who earns less but has substantial income-producing property presents a different situation from someone without enough resources to meet their needs.

Maintenance is also not punishment for causing the marriage to end. Illinois courts make this decision without considering marital misconduct.

Can You Receive Alimony in Illinois if You Have a Job?

Having a job does not disqualify you from maintenance. The court examines whether your earnings and other resources are enough in light of the circumstances of the marriage.

For example, a spouse who worked part-time to raise children might need training before returning to a former career. Current wages would not fully explain that person’s earning limits or the time needed to become self-supporting.

Staying home during the marriage also does not guarantee an award. The judge considers realistic work opportunities and whether childcare duties affect the ability to take a job. The assessment should reflect what each spouse can reasonably earn, rather than assume an immediate return to full-time employment.

Does Receiving More Property Mean You Will Not Get Alimony in Illinois?

The property you receive affects the maintenance decision, but it does not automatically rule out support. The judge considers whether those assets provide enough resources to meet your needs.

For example, a rental property that produces steady income could reduce your need for maintenance. Receiving the family home presents a different situation if it provides no income and comes with a mortgage and upkeep costs.

Before agreeing to accept property instead of maintenance, compare the income it provides with the expenses you would take on. An asset’s listed value alone does not show whether you could afford your life after divorce.

How Is the Amount of Alimony Calculated in Illinois?

The maintenance guidelines apply when combined gross annual income is below $500,000, and the paying spouse has no support obligations from a prior relationship. The judge must also find that using the guidelines is appropriate.

The formula takes one-third of the paying spouse’s net annual income and subtracts one-quarter of the receiving spouse’s net annual income. However, maintenance plus the recipient’s own net income cannot exceed 40 percent of the spouses’ combined net income.

Suppose one spouse has $90,000 in annual net income and the other has $30,000. The formula initially produces $22,500 in yearly maintenance. However, that would put the recipient above the 40 percent limit, so the amount drops to $18,000 per year, or $1,500 per month.

Net income must be calculated under Illinois law. It is not necessarily the amount deposited into your bank account. When guidelines do not apply, the court determines an appropriate amount using the relevant financial factors.

How Long Will Alimony Last After an Illinois Divorce?

For guideline maintenance, duration depends on the marriage’s length when the divorce case begins. The law assigns a multiplier to each length range.

For example, a marriage lasting exactly 10 years uses a multiplier of 0.44. That produces a guideline payment period of 4.4 years. For a marriage of 20 years or more, the guideline rule allows support for the marriage’s length or an indefinite period.

An indefinite award has no scheduled ending date. It does not mean payments are guaranteed for life. The order and applicable termination or modification rules still control.

Address whether the award ends on a set date or requires a later review. A reviewable award calls for another assessment rather than an assumption that payments will stop automatically.

Contact a Kane County, IL Divorce Lawyer

Whether you expect to pay or receive maintenance, the outcome will affect your monthly budget. At Weiler & Associates, P.C., our attorneys will review your finances and help you seek a fair support arrangement.

Attorney Tim Weiler is a Certified Financial Litigator with experience handling complex financial matters in divorce. Contact our St. Charles, IL divorce attorneys or call 630-331-9110 to schedule a consultation.