Who Doesn't Qualify for Alimony in Illinois?

 Posted on June 27, 2026 in Spousal Support

The purpose of alimony, or spousal maintenance, is to help a lower-earning spouse maintain financial stability while they adjust post-divorce. It isn’t ordered in every Illinois divorce. Courts will go through a set process to determine whether alimony is needed and, if so, how long it will be paid. If a person already has the resources to support themselves when a divorce ends, they are less likely to receive maintenance.

A Villa Park, IL divorce attorney can help clarify whether spousal maintenance is likely to be ordered in your 2026 case.

Who Doesn't Qualify for Spousal Maintenance Under Illinois Law?

According to 750 ILCS 5/504, courts must assess each case based on certain factors to determine whether maintenance is appropriate. Not everyone will qualify.

A spouse who already has enough income and property to maintain a reasonable standard of living may not be awarded maintenance. This is true regardless of what their former spouse earns. Someone who was in a very short marriage who did not make large career or education sacrifices for the marriage is also unlikely to qualify. Merely earning less than your spouse doesn’t qualify you for maintenance. There must be a demonstrable need for financial support after the marriage ends.

It’s also important to remember that spousal maintenance and child support are separate issues. A parent who is not awarded maintenance may still be eligible for child support.

How Do Illinois Courts Decide if Spousal Maintenance Is Needed?

Section 504(a) lists 14 factors a judge must consider before deciding whether maintenance makes sense in a given case. Some of the most significant include:

• The income and property of each spouse, including what each will receive during property division

• The needs of each party going forward

• The present and future earning capacity of each spouse

• Whether either spouse's earning capacity was reduced because they managed the home

• The standard of living established during the marriage

• The duration of the marriage

• Any valid agreement between the parties, such as a prenuptial or postnuptial agreement

Illinois maintenance decisions do not consider marital misconduct, such as infidelity. Maintenance payments are designed to help the lower-earning spouse, not punish the paying spouse.

Can Someone Lose Their Right to Alimony After It's Been Awarded in Illinois?

Initially qualifying for maintenance doesn't guarantee that it continues indefinitely. Certain events automatically terminate a maintenance obligation under Illinois law. If the receiving spouse remarries, payments stop immediately, with no court order required. If the receiving spouse begins living with a new partner in a relationship similar to a marriage, a court can end or reduce maintenance as well.

Fraud can also retroactively disqualify someone from maintenance payments. If a spouse received maintenance based on false information about their income, assets, or living situation, a court can end payments. It may also require repayment of amounts already received.

Does Earning a High Income Disqualify You From Receiving Maintenance in Illinois?

Earning a high income does not automatically remove the option for maintenance. It may reduce the likelihood that a court finds payments necessary, though. It also changes how the calculation works.

In typical maintenance cases, Illinois applies a statutory guideline formula. This formula involves taking 33.3 percent of the paying spouse's net annual income minus 25 percent of the receiving spouse's net annual income. This represents the total yearly maintenance amount.

This formula only applies when the couple's combined annual gross income is $500,000 per year or less, however. It also does not apply if there are financial obligations from a previous relationship. Above $500,000 net a year, the court has discretion to decide the amount and duration of maintenance.

Call a Lombard, IL Alimony Attorney Today

Spousal maintenance can be a real help to many who are going through a divorce. With more than 40 years of combined experience in family law, our Villa Park, IL spousal maintenance lawyers are prepared to help you in your alimony case. We are accomplished at trial and appellate work and will take the time to walk you through exactly what you can expect as your case proceeds.

Call The Law Offices of Robert F. Kramer, Ltd. at 630-785-2400 to schedule your free 30-minute initial consultation today.