Will I Have to Pay Alimony if My Spouse Didn't Work?

 Posted on July 25, 2026 in Spousal Maintenance

Spousal maintenance (what Illinois calls alimony) is not granted in every Illinois divorce. Even when one spouse was not in the workforce, maintenance may not be ordered. Courts decide on a case-by-case basis whether maintenance is appropriate for a divorcing couple’s situation.

Whether spousal maintenance will be awarded in your 2026 divorce is an important aspect of your future financial planning. A Kane County, IL spousal maintenance attorney can help you understand when maintenance is typically ordered.

Why Isn’t Spousal Maintenance Automatic When One Spouse Doesn't Work?

Under the Illinois Marriage and Dissolution of Marriage Act, a court must first decide whether maintenance is appropriate. Spousal maintenance is intended to address financial needs and income differences after a divorce. If it is not truly needed, it may not be granted.

A spouse without income can make a strong case for maintenance, but whether the court grants it depends heavily on their circumstances. A short marriage where one spouse chose not to work but has a viable professional background is very different from a longer one where one spouse sacrificed career opportunities to tend to the household.

What Does an Illinois Court Consider When Deciding on Maintenance?

Illinois courts consider several factors under 750 ILCS 5/504(a). Some of the most relevant for couples where one person didn’t work include:

• The income and property each spouse will have after the divorce
• The present and future earning capacity of each spouse
• Whether one spouse's earning ability was reduced by time spent in the home or by putting off education or career opportunities
• The length of the marriage
• The standard of living the couple established during the marriage
• The age and health of each spouse
• Any prior agreements between the parties, such as a prenuptial agreement

When deciding on maintenance, courts can also look at what the non-working spouse could earn if they entered the job market. If someone has education and skills that would allow them to support themselves, the court may expect them to do so rather than rely on maintenance.

How Much Spousal Maintenance Will You Pay in Illinois?

If the court decides that maintenance is warranted, it will calculate the amount using set guidelines.

When the combined gross annual income of both spouses is below $500,000 and the paying spouse has no child support or maintenance obligations from a prior relationship, Illinois generally uses the statutory guidelines. The amount of maintenance that will be paid annually is 33.33 percent of the paying spouse's net income minus 25 percent of the receiving spouse's net income.

There is a limit to how much maintenance will be owed. The total amount the receiving spouse collects (their own income plus maintenance) cannot exceed 40 percent of the couple's combined net income. This cap is meant to ensure that the receiving spouse does not get a disproportionate amount of the total income.

How Long Will You Pay Spousal Maintenance in Illinois?

The duration of maintenance correlates with the length of the marriage in question. Courts generally multiply the length of the marriage (based on when the divorce case was filed) by a percentage. What percentage is used is based on the length of the marriage.

Marriages of less than five years receive maintenance for 20 percent of the length of the marriage. For a marriage lasting at least 19 years but less than 20 years, maintenance generally lasts for 80 percent of the marriage’s length. For marriages of 20 years or longer, the court can order maintenance equal to the full length of the marriage, or indefinitely.

Unless the parties’ divorce judgment or their own agreement says otherwise, maintenance generally ends when either spouse dies or when the receiving spouse remarries. It also ends if the receiving spouse cohabits with another person on a resident, continuing conjugal basis, under 750 ILCS 5/510.

Call a Batavia, IL Spousal Alimony Attorney Today

If you’re concerned about how much maintenance you will be ordered to pay, speak to our Kane County, IL divorce lawyer.

Attorney Larson began his legal career as a prosecutor with the Kane County State's Attorney's Office. He was later appointed by the Judiciary as one of the county's first Special Conflict Defenders and has handled many divorce cases for clients. Call the Law Office of Van A. Larson, P.C. at 630-879-9090 for a free consultation today.