Do I Have to Pay Alimony After a Short Marriage?

 Posted on July 11, 2025 in Spousal Maintenance

When a short marriage ends, many people are surprised to learn that spousal maintenance (commonly known as alimony) may still be on the table. Even in marriages that last only a few years, one spouse can request financial support from the other. This can create tension and confusion, especially when both parties assumed they would walk away without long-term obligations. 

If you are facing divorce after a brief marriage, it is important to understand how Illinois law treats maintenance and what your responsibilities may be. A Kane County spousal maintenance lawyer can guide you through your options and how they can impact your future.

What Is Spousal Maintenance?

Spousal maintenance is a financial payment that one spouse may be required to make to the other during or after a divorce. Its purpose is to help the receiving spouse keep a similar standard of living to what he or she had during the marriage, particularly if there is a significant difference in income or earning capacity.

Depending on the circumstances, maintenance can be temporary (during the divorce process), fixed-term, reviewable, or indefinite. Whether a court awards maintenance, and how much, is based on statutory guidelines and judicial discretion.

Does Illinois Law Require Maintenance After Every Divorce?

State law does not require spousal maintenance in every divorce. According to 750 ILCS 5/504, the court first decides whether maintenance is appropriate before even considering the amount or duration. If the court determines that maintenance is justified, it then uses statutory formulas to calculate payments. These formulas are used if the combined gross income of the spouses is less than $500,000 and neither is already paying or receiving maintenance from a previous relationship.

A short marriage often weighs against awarding maintenance, but it is not the only factor the court considers. The court will review several factors, including:

• The length of the marriage

• Each spouse’s income and property

• The standard of living during the marriage

• Each spouse’s age and physical and emotional condition

• The needs of each party

• Earning capacity and any impairment to that capacity due to marriage

• Contributions made by one spouse to the education or career of the other

How Does the Length of the Marriage Affect Maintenance?

Illinois uses a formula to determine how long maintenance payments should last, and it is directly tied to the length of the marriage. For marriages lasting less than 20 years, the statute sets a percentage of the length of the marriage to determine the duration of payments. The shorter the marriage, the shorter the maintenance period (if it is awarded at all).

Here is a general breakdown based on 750 ILCS 5/504(b-1)(1)(B):

• For a marriage lasting less than 5 years, the maintenance duration is 20 percent of the length of the marriage

• For 5 to 10 years, it ranges from 24 to 44 percent

• For marriages 20 years or more, the court may award permanent maintenance or maintenance for a period equal to the length of the marriage

Can a Spouse Request Maintenance After a Very Short Marriage?

A spouse can request maintenance after any length of marriage, but that does not mean it will be awarded. Courts typically do not favor maintenance in very short marriages unless compelling circumstances exist.

For example, a spouse who left a job to support the other spouse’s career or raise children during a short marriage might make a stronger case for temporary maintenance. On the other hand, if both spouses worked throughout the marriage and had relatively equal earnings, the court is less likely to award maintenance.

Are There Alternatives to Court-Ordered Maintenance?

Divorcing spouses can reach their own maintenance agreement. In fact, Illinois law encourages spouses to resolve financial issues collaboratively, especially in amicable divorces. This is often a preferred approach in short marriages, as it allows both spouses to avoid prolonged litigation and move on financially and emotionally.

The agreement can waive maintenance, provide a lump-sum payment, or establish a short-term payment schedule. Courts will usually uphold these agreements if both spouses agreed to them willingly and the terms were fair when the agreement was made.

What if My Spouse Is Requesting Maintenance and I Disagree?

If your spouse requests maintenance and you believe it is not necessary, you have the right to challenge the request in court. With the help of your attorney, you can present evidence to support your position. 

For example, you might argue that the marriage was too brief to justify maintenance, that your spouse is financially self-sufficient, or that you do not have the financial means to make support payments. In some cases, it may also be clear that there was little to no economic dependence during the marriage. 

The judge will consider the fairness of the situation based on the facts presented, and will apply the statutory factors set out in Illinois law. However, it is important to understand that judges have broad discretion, especially in cases that fall outside the norm, such as short-term marriages.

Can Maintenance Be Modified or Terminated?

Yes, in most cases, maintenance can be adjusted or removed if circumstances change. For example, a modification or termination may be warranted if the paying spouse loses his or her job or the receiving spouse remarries.

However, if the spouses agree in writing that maintenance is non-modifiable, then the terms will remain fixed. It is important to understand the legal effect of these agreements before signing a divorce settlement.

What Role Does Prenuptial or Postnuptial Agreement Play?

Prenuptial or postnuptial agreements can significantly affect whether maintenance is paid after divorce. These contracts can include provisions waiving maintenance or setting specific payment terms if the marriage ends.

Illinois courts will usually enforce prenuptial and postnuptial agreements unless they are unfair or signed under pressure. If your prenup includes a maintenance waiver, it could prevent your spouse from receiving maintenance, even after a long marriage.

If you are considering a divorce and have a prenuptial agreement, it is crucial to have an attorney review it to assess your obligations or protections.

Contact a Kane County, IL Divorce Attorney

If you are going through a divorce and are concerned about whether you will have to pay spousal maintenance, especially after a short marriage, contact a St. Charles, IL spousal maintenance lawyer at Goostree Law Group. Our legal team can help you understand your rights under Illinois law and work toward a fair outcome. Call 630-584-4800 to schedule a consultation and discuss your situation.