Do I Have To Pay Alimony in Illinois if My Spouse Does Not Work?

 Posted on July 17, 2025 in Family Law

Going through a divorce can raise many questions, especially about finances and ongoing obligations. It is common for a spouse who did not work during a marriage to receive alimony, also known as spousal maintenance, in Illinois. However, the court carefully considers several factors before ordering support. If you have questions about the financial implications of divorce, a Chicago, IL spousal maintenance attorney can explain your rights and obligations under Illinois law.

What Is Spousal Maintenance in Illinois?

Under Section 504 of the Illinois Marriage and Dissolution of Marriage Act, the court may grant spousal maintenance at its discretion. This is financial support that one spouse may be ordered to pay to the other after a separation or divorce. It is intended to help the lower-earning spouse maintain a lifestyle similar to what they experienced during the marriage. The purpose is not to punish either spouse but to balance economic fairness, particularly if one spouse was financially dependent during the marriage.

What Factors Are Considered When Determining Spousal Support in Illinois?

Illinois courts look at several factors when deciding whether spousal support should be awarded and how much should be paid. Some examples include:

• Each spouse’s income and property

• The needs of each spouse

• The standards of living established during the marriage

• The length of the marriage

• The age, health, and employability of both spouses

• Contributions of each spouse to the marriage, including homemaking and childcare

Special considerations come into play when one spouse is unemployed, and the reason for your spouse’s unemployment matters. For example, if they were staying home to raise children or had health issues, they could not necessarily work. Illinois law recognizes that being a stay-at-home parent is a significant contribution to the family, even if it does not generate direct income.

Under 750 ILCS 5/501, a court may award temporary maintenance while the divorce case is pending. This helps an unemployed spouse meet immediate living expenses until a final order is entered. In cases where one spouse left the workforce to raise children, courts often consider whether it is reasonable for them to seek employment. If your spouse needs time to become more self-supporting, the court may order maintenance for a period long enough to acquire education or job training.

How Much Spousal Support Will I Have To Pay in Illinois?

Illinois courts typically use a formula mandated by law to calculate spousal maintenance payments, especially when the combined gross income of both spouses is less than $500,000 and there is no multiple family situation. Assuming you have to pay alimony, the court would calculate 33.3 percent of your net annual income and subtract 25 percent of your spouse’s net annual income, according to Section 504(b-1). However, the total maintenance and your spouse’s income cannot exceed 40 percent of the combined net income for you both.

Still, the court can deviate from the formula if following it would be unfair or inappropriate. For example, they may take a different approach if your spouse has been unemployed for a very long time or if there is a big difference in your earning capacities.

Contact a Chicago, IL Spousal Support Attorney Today

If you are facing questions about support obligations, the Cook County, IL spousal maintenance lawyers at The Law Office of George J. Skuros can help. Our firm is dedicated to helping you clearly understand the legal issues in your case so that you can be prepared for all potential outcomes. Call us today at 312-884-1222 to schedule your free consultation.