Fighting an Order for Spousal Maintenance in Illinois

 Posted on September 08, 2026 in Alimony / Maintenance

Divorce often has a major financial impact on both parties. Spousal maintenance, also called spousal support or alimony, is money one spouse pays the other during or after a divorce. It can help a lower-earning spouse meet their financial needs. The spouses can agree on support terms, or a judge can order support. If your spouse is seeking alimony from you, it is important to understand your rights.

At Goostree Law Group, our St. Charles, IL divorce attorneys can represent you in a dispute over alimony. We have decades of legal experience helping clients through difficult divorces.

Who Is Entitled to Spousal Support in Illinois?

Spouses are not automatically entitled to spousal support just because they make less than the other spouse. There are three main ways that a spouse could be awarded support in a divorce. First, a premarital or prenuptial agreement can include terms about support. Courts typically uphold spousal maintenance provisions in a prenup unless there are questions about the validity of the agreement or concerns that the maintenance arrangements would cause undue hardship to a spouse.

Second, spouses can negotiate the terms of support with help from their lawyers. Third, a spouse can ask the court to award maintenance. Illinois courts decide maintenance on a case-by-case basis based on different factors, such as:

• Each spouse's income and assets 
• Each spouse's needs
• Each spouse’s current and future ability to earn income
• Parenting duties that affect either spouse’s ability to work or find a job
• Tax consequences

Whatever the case, our firm will build a case based on your financial situation.

How Important Is the Standard of Living to an Alimony Award?

When a court decides on spousal support, it often looks closely at the standard of living the couple had during the marriage. This means the court considers how the household spent money, where the family lived, and what kind of lifestyle both spouses were used to before the divorce. For the paying spouse, this can feel discouraging. The court considers the couple’s former lifestyle, but this does not guarantee that the receiving spouse will continue living the same way.

If your income has changed or the prior standard of living is no longer realistic given your current finances, that information can be presented to the court. Spousal support is meant to be fair to both parties, not just the spouse receiving payments.

What Rights Do You Have as the Breadwinner Spouse?

If you made most of the household income during your marriage or your spouse did not work outside the home, your spouse could seek maintenance from you. The spouses can negotiate the amount, or the court can decide it.

Illinois has a formula for calculating maintenance. It usually applies when the spouses earn less than $500,000 a year combined before taxes. The paying spouse also cannot already owe child support or maintenance from an earlier relationship.

The formula uses each spouse’s net income, which is income after certain taxes and deductions. The court takes 33 1/3 percent of the paying spouse’s yearly net income and subtracts 25 percent of the receiving spouse’s yearly net income. There is also a limit. After maintenance is added, the receiving spouse cannot have more than 40 percent of the couple’s combined net income (750 ILCS 5/504).

Spousal maintenance payments can be costly. As the higher-earning spouse, it is important to understand your rights and options. You might be able to negotiate favorable spousal maintenance terms with help from your divorce lawyer. Your attorney can help you demonstrate your own financial needs and limitations to the court, arguing for terms that take your financial needs and limits into account.

Can the Court Ever Deviate from Standard Maintenance Guidelines?

Many people assume that spousal support follows a strict formula with no room for adjustment. In reality, some spousal support orders can be changed after a divorce. If the divorce judgment says that maintenance cannot be changed, the court generally cannot modify it. Otherwise, you must usually show a major change in circumstances.

As the paying spouse, you may have grounds to ask for a deviation if you can show unusual circumstances. These might include health problems that limit your ability to work, support obligations for children from the marriage, or a short marriage that does not justify long-term payments. Courts generally want to see clear evidence supporting any request for a deviation. Working with an attorney to gather documentation can support your case.

When Can You Ask the Court for a Modification of an Existing Spousal Support Order?

Life circumstances change, and spousal support orders can be modified to reflect that. If you are the paying spouse and your financial situation has shifted significantly since the original order, you could request a modification. Common reasons for seeking a change include job loss, a pay cut, a serious illness, or retirement.

To succeed with a modification request, you generally need to show that the change in circumstances is substantial. The reason for the modification can't be something you caused on purpose to avoid paying support. For example, voluntarily quitting a well-paying job is unlikely to convince a court to lower your payments. On the other hand, an unexpected layoff or a documented medical condition that limits your ability to earn income can support your request. Keeping detailed records of your finances and any changes to your situation can help strengthen your case if you decide to file for a modification.

When Can You Get Spousal Support Terminated in 2026?

Many paying spouses look forward to the day their support obligation ends. One way this happens is by reaching the end date in the original order. Unless the divorce judgment says otherwise, support also ends if either spouse dies, the receiving spouse remarries, or the receiving spouse lives with a new partner in a relationship similar to marriage.

A major change in circumstances can also support a request to end maintenance early. Examples include the receiving spouse becoming self-supporting or the paying spouse facing a permanent loss of income.

Contact Our St. Charles Spousal Maintenance Lawyer

If your spouse is asking you to pay maintenance, our Kane County, IL divorce attorneys can explain your rights and help protect your financial interests. Call Goostree Law Group at 630-584-4800 for a free consultation.