Alimony Myths - Getting the Facts Straight in Illinois

 Posted on August 31, 2025 in Alimony / Maintenance

Alimony, also called spousal maintenance or spousal support, is one of the most misunderstood parts of divorce law. Many people enter the process believing myths that can cloud judgment and create false expectations. In Illinois, alimony is governed by 750 ILCS 5/504 of the Illinois Marriage and Dissolution of Marriage Act, and the rules are far more structured than many realize.

As of August 2025, Illinois still uses statutory formulas to calculate maintenance in most cases, but judges also have discretion to depart from those guidelines if unique circumstances require it. Understanding how the law really works can help divorcing spouses make better decisions, especially as they begin preparing for divorce.

If you are thinking about getting divorced and have questions about how alimony might apply to your case, call our Kendall County, IL divorce attorneys and schedule a free initial consultation.

Myth: Alimony Is Always For Life

Fact: Most Illinois maintenance awards are temporary. The length of support typically depends, in large part, on how long the marriage lasted. Under current law, maintenance duration is based on multiplying the number of years married by a statutory percentage. For example, a marriage lasting 12 years may result in about 5 years of support. Only when a marriage lasts 20 years or longer may the court award indefinite or "permanent" maintenance, and even then, judges are not required to do so. It totally depends on how financially independent each spouse is and on other specific circumstances of each case.

Myth: Alimony Is Designed as Punishment

Fact: Maintenance is not intended to punish one spouse. Illinois courts award support only to balance financial disparity and allow both spouses to maintain a reasonably similar standard of living once the divorce is finalized. The court reviews income, employability, health, property division, and the marital lifestyle. The purpose is financial fairness, not retribution.

Myth: Alimony Prevents Your Ex From Remarrying

Fact: In Illinois, maintenance is typically terminated when the receiving spouse remarries or begins living in a resident, continuing conjugal (intimate) relationship with another person. However, it is not automatic in every case. You may need to file a motion to terminate with the court. Until the judge enters an order, you are still legally obligated to pay.

Myth: Alimony Is Tax-Deductible

Fact: Federal law changed in 2019. For divorces finalized after December 31, 2018, alimony payments are no longer tax-deductible for the paying spouse and are not taxable income to the recipient. This remains the law in 2025. Illinois follows federal treatment, so neither side reports maintenance on state income taxes either.

Myth: Only Women Receive Alimony

Fact: Either spouse can request maintenance. Courts do not consider gender; they look at financial need and earning ability. In Kendall County and throughout Illinois, it is not unusual for men to receive alimony, especially in cases where the wife earned more during the marriage.

This is especially important for men to know as they increasingly become the primary caregivers of young children. Just as women have for many years, men can ask for alimony to help support themselves after a divorce if they gave up career or educational opportunities to support their partners’ careers.

Myth: Courts Always Follow a Formula

Fact: Illinois does provide a formula for calculating maintenance when the combined gross income of the spouses is under $500,000. However, judges have discretion to deviate from the guidelines if applying them would be inappropriate. For example, if one spouse has unusual medical expenses or the property division is heavily weighted in favor of one spouse, a judge may adjust maintenance accordingly.

Additionally, spouses can and should negotiate their own alimony agreement whenever possible. Spouses who strongly feel they need spousal support are often able to negotiate a creative agreement that suits their circumstances better than a judge could do. If necessary, spouses can attend mediation sessions together to discuss how alimony could fit into their overall divorce decree.

Myth: You Cannot Change an Alimony Order Once a Divorce is Finalized 

Fact: Maintenance orders can often be modified if circumstances change significantly. If the paying spouse loses a job, becomes disabled, or retires, the court may reduce or terminate support. Likewise, if the recipient’s income increases or they become self-supporting, the order can be changed accordingly. The exception is if the spouses agreed to "non-modifiable" maintenance in their divorce settlement, which the court will enforce as written.

Myth: Alimony Is Guaranteed if You Earn Less than Your Spouse

Fact: Courts do not automatically award maintenance just because one spouse earns less. If the lower-earning spouse receives enough assets in property division to maintain financial independence, a judge may deny support. Each case depends on the facts, including both parties’ incomes, assets, and earning capacity.

Myth: Maintenance Lasts Until Retirement Age

Fact: While retirement is sometimes a reason to modify or terminate support, Illinois law does not guarantee termination when the paying spouse retires. The court considers whether retirement is in good faith and whether the recipient spouse still relies on the payments. In some cases, maintenance may continue past retirement.

Myth: Prenuptial Agreements Cannot Control Maintenance

Fact: Under Illinois law, prenuptial or postnuptial agreements can include provisions limiting or giving up maintenance, as long as the agreement is not unconscionable at the time it is enforced. Courts generally uphold these contracts unless enforcing them would cause undue hardship.

Myth: Alimony Depends on How Much You Get for Child Support

Fact: Maintenance and child support are separate. Child support is based on statutory guidelines tied to the parents’ income and the child’s needs. Maintenance is based on the spouses’ financial relationship. One does not replace the other, and both can be awarded in the same case.

Contact a Kendall County, IL Alimony Lawyer

Myths about alimony can lead to poor decisions during divorce. The truth is that Illinois courts apply detailed laws and formulas, but every case is different. If you have questions about how maintenance might affect your divorce, an experienced Yorkville, IL spousal support attorney at Goostree Law Group can explain your options, protect your rights, and guide you through the process. Call 630-584-4800 today to schedule a free consultation.