Can You Receive Spousal Maintenance Without Being Married?

 Posted on June 04, 2025 in Spousal Maintenance

When a relationship has lasted for years, it is not uncommon for partners to build financially intertwined lives – even without getting married. One person may stay home to raise children, while the other earns the household income. The couple may share a home, expenses, and long-term plans. But when the relationship ends and the couple was never married, the question becomes: what legal protections exist for the financially dependent partner?

In Illinois, spousal maintenance is designed to provide financial stability after a divorce, but it is strictly limited to legally married couples. This leaves many long-term, unmarried partners wondering whether they have any right to support if the relationship ends. If you find yourself in this situation, a Kane County family law attorney can help you assess your rights and explore available options.

What Is Spousal Maintenance?

Spousal maintenance is a court-ordered form of financial support that one spouse may be required to pay the other after a divorce or legal separation. Its primary purpose is to help the lower-earning spouse sustain a lifestyle that reflects the standard of living the couple shared during the marriage.

The Illinois Marriage and Dissolution of Marriage Act outlines the factors courts must consider when awarding maintenance. These include the duration of the marriage, each party’s income and earning capacity, the standard of living during the marriage, and whether one spouse contributed to the other's education or career advancement.

However, a critical requirement under Illinois law is that the couple must be legally married. Without a valid marriage, the court does not have the authority to award spousal maintenance.

Can Unmarried Partners Seek Spousal Maintenance?

In Illinois, unmarried partners are not eligible to receive spousal maintenance, regardless of the length of the relationship or the level of financial interdependence. Even if a couple lived together for many years, shared finances, or raised children together, the law does not grant maintenance rights unless a legal marriage occurred.

This rule can be particularly harsh in situations where one partner stayed home to care for children or gave up career opportunities to support the other. Without the legal status of marriage, there is simply no basis for requesting spousal maintenance under state law.

What About Common-Law Marriage in Illinois?

Illinois does not recognize common-law marriage. This means that no matter how long a couple has lived together or how much their relationship resembled a marriage, they are not considered legally married unless they went through a formal legal marriage process.

There is one limited exception: if the couple established a valid common-law marriage in another state that recognizes this type of union, and later moved to Illinois, the courts may acknowledge the relationship and apply relevant marital laws. However, spousal maintenance would not be available if the relationship was entirely based in Illinois and without a legal marriage.

Are There Other Legal Remedies for Unmarried Partners?

Even though spousal maintenance is not an option, there may be other legal avenues for people who are ending a long-term relationship without marriage. In some cases, the courts may consider contract law or property law to address financial concerns.

Can You Use a Cohabitation Agreement?

Unmarried couples can create written agreements that outline their financial responsibilities and how assets should be divided in the event of a breakup. These cohabitation agreements can be enforceable under contract law and can serve a similar purpose to a prenuptial agreement.

Key elements placed in cohabitation agreements often include:

• How to divide jointly acquired property and assets

• Post-breakup financial support arrangements

• Allocation of debts

• Dispute resolution procedures

While a cohabitation agreement does not create the same rights as a marriage, it can offer financial protection and clarity for both partners.

What If You Contributed to Shared Property?

If you helped pay for a home or invested time and money into improving property owned by your partner, you may be able to pursue a legal claim. Illinois courts sometimes recognize claims for unjust enrichment or resulting trusts, which allow one party to seek compensation for contributing to another's property without receiving a fair return.

These claims are handled outside of family court and rely on property and equity laws rather than the spousal maintenance statutes. They can be complex and typically require strong evidence of contributions and the intent behind them.

Can You Seek Support If You Have Children Together?

While spousal maintenance is only for legally married spouses, child-related financial obligations apply to all parents, regardless of their marital status. If you and your former partner have children together, either parent may petition for child support through the courts.

Child support is calculated using a formula that considers both parents' incomes, the child's needs, and parenting time arrangements. The law is made to ensure that children receive adequate financial support from both parents, even if the parents were never married.

Can a Court Alter Maintenance Based on a Non-Marital Relationship?

Non-marital relationships can still play a role in awarding maintenance in certain situations, specifically when modifying or ending an existing maintenance order. Suppose someone who is already receiving spousal maintenance begins living with a new partner in a relationship similar to a marriage. In that case, the court may decide to reduce or terminate those payments.

This means cohabitation can be used as a reason to stop maintenance, but not to start it. In other words, a non-marital relationship, no matter how serious or long-lasting, cannot be the basis for receiving spousal maintenance.

Is the Law Likely to Change?

At this time, there is no major movement in Illinois to extend spousal maintenance rights to unmarried partners. While social trends show an increase in long-term cohabiting relationships, the law currently treats legal marriage as the key requirement for spousal maintenance.

In the future, there may be discussions or legislative proposals to address the needs of cohabiting couples. Still, until such changes are enacted, unmarried partners must rely on contract and property law rather than family law for post-relationship financial claims.

Contact a Kane County, IL Spousal Maintenance Attorney

If you are ending a long-term relationship and are concerned about your financial rights, it is important to speak with an experienced lawyer. Although spousal maintenance is unavailable without marriage, you could still have legal options based on your unique situation. A St. Charles, IL family law attorney at Goostree Law Group can help you understand your options according to state laws. Call 630-584-4800 to schedule a free consultation today.