Long-Term Marriage Divorce in Illinois

If you have been married for 20 years or more and you are facing a divorce, the financial picture is different from what most people expect. Maintenance does not end on a fixed schedule the way it does in shorter marriages. Retirement accounts built over decades are subject to division. A marital estate that took 25 years to accumulate has to be divided in a single court proceeding. What you agree to now will shape your financial life for the rest of it.

Illinois handles long-term marriages differently because the law recognizes that the stakes are different. Under 750 ILCS 5/504(b-1)(1)(B), for marriages of 20 years or more, courts have discretion to order maintenance for a period equal to the length of the marriage or for an indefinite term^[1].  Retirement accounts, pensions, and two decades of accumulated property all follow rules that shorter marriages rarely encounter. Understanding what applies to your situation before agreeing to anything is the most important step you can take.

What a Long-Term Marriage Means for Maintenance in Illinois

Illinois uses a multiplier system to calculate maintenance duration for most marriages. A 15-year marriage produces maintenance for about 9.6 years (0.64 multiplier). A 19-year marriage produces maintenance for about 15.2 years (0.80 multiplier). At 20 years, the statute stops using multipliers entirely. The court, in its discretion, shall order maintenance for a period equal to the marriage length or for an indefinite term, and can deviate from either option based on the relevant factors under 750 ILCS 5/504(a). For an overview of how spousal support works in Illinois generally, including the standard formula, that broader framework applies below the 20-year threshold.

Indefinite maintenance does not mean permanent without review. It means there is no termination date set at the time of the judgment. The paying spouse can still petition to modify or terminate based on a substantial change in circumstances under 750 ILCS 5/510, such as retirement, a significant change in income, or the recipient's remarriage^[2].  But the recipient does not have to prove continued need at fixed intervals. The burden is on the paying spouse to come back to court and prove the change.

What courts weigh in long-term marriage maintenance decisions

The length of the marriage is one factor among many under 750 ILCS 5/504(a), but in a long marriage it tends to amplify the weight of other factors. A spouse who spent 25 years out of the workforce managing the household and raising children has significantly impaired earning capacity. A spouse approaching retirement age has limited time to rebuild career momentum. The standard of living established during a long marriage is typically higher than what either spouse can sustain independently. All of these factors point in the same direction: longer marriages produce larger and longer maintenance obligations.

The income-generating potential of assets awarded in the property division also factors into the maintenance analysis. A spouse who receives significant income-producing assets may face a reduced maintenance award. Courts are required to consider all financial obligations imposed by the dissolution when setting maintenance.

Temporary support while the case is pending

Long-term divorces often take time. The financial gap between spouses that justifies long-term maintenance usually justifies temporary spousal support during the proceedings as well. Under 750 ILCS 5/501, courts can award temporary maintenance to preserve the financial status quo while the case works through mediation, negotiation, or trial. Getting that order in place early matters when one spouse controls most of the household income.

Dividing Property After a Long Marriage in Illinois

Illinois divides marital property under an equitable distribution standard governed by 750 ILCS 5/503. Equitable means fair, not necessarily equal. Courts consider 12 statutory factors when allocating the marital estate, including the contribution of each spouse to the acquisition and preservation of marital property, the duration of the marriage, the economic circumstances of each spouse, and the relevant tax consequences of the proposed division^[3].

In a long-term marriage, the marital estate typically includes decades of accumulated assets: a family home with significant equity, multiple retirement and investment accounts, deferred compensation, and often a portion of one or both spouses' businesses or professional practices. The length of the marriage means more of each spouse's assets are presumptively marital. Property acquired before the marriage remains non-marital, but distinguishing between the marital and non-marital portions of a mixed asset after 25 years requires financial analysis, not just a timeline.

Retirement accounts

All pension benefits and retirement account contributions made during the marriage are presumed marital property under 750 ILCS 5/503(b)(2). This includes 401(k)s, 403(b)s, defined benefit pensions, deferred compensation plans, and IRAs accumulated during the marriage. Pre-marital contributions to accounts that existed before the marriage retain their non-marital character, but the marital portion of those accounts is still subject to division.

Dividing private employer retirement plans requires a Qualified Domestic Relations Order (QDRO). Illinois state and municipal pensions, including SERS, IMRF, TRS, SURS, and CTPF, require a Qualified Illinois Domestic Relations Order (QILDRO) under 40 ILCS 5/1-119^[4]. A QDRO or QILDRO entered at the time of the dissolution judgment is the correct mechanism. Failing to get the order entered at the time of divorce creates enforcement problems later.

The marital portion of a defined benefit pension is typically calculated using the Hunt formula: the number of months the pension accrued during the marriage divided by the total months of accrual, multiplied by the benefit amount. This produces a coverture fraction that determines what share of the pension is subject to division.

The family home

In long-term marriages, the family home often carries substantial equity built over decades of mortgage payments and appreciation. Courts typically handle the marital home in one of three ways: one spouse buys out the other's equity share, the home is sold and the proceeds divided, or the court awards the home to one spouse (often the spouse with primary parental responsibilities) with an offset against other marital assets. The length of the marriage means the equity at stake is usually significant, and the decision affects both spouses' long-term housing situations.

Social Security

Social Security is not a marital asset under Illinois law and is not divided in the divorce proceeding. However, federal Social Security rules allow a divorced spouse to claim benefits based on the other spouse's earnings record if the marriage lasted at least 10 years. This applies to most long-term marriages. The claiming spouse's benefit does not reduce the other spouse's benefit. Understanding the available Social Security options is part of the post-divorce financial picture that long-term marriages present. 

What Makes Long-Term Marriage Divorces More Complex

• Retirement is close or already here: In gray divorces, both spouses are often at or near retirement age. The paying spouse's retirement affects their ability to pay maintenance; the receiving spouse's retirement affects their income and needs. A paying spouse cannot unilaterally stop paying upon retirement. They must petition for modification, and courts consider whether they have sufficient assets to continue paying before granting relief. When combined income also exceeds $500,000, these questions intersect with the high-asset divorce maintenance analysis where full court discretion applies.
• Non-marital property tracing is difficult: Assets owned before the marriage may have been commingled with marital funds over decades. Separate accounts can lose their non-marital character when marital funds are deposited. Homes purchased before the marriage but paid down with marital income become mixed assets. Tracing non-marital contributions after 25 years requires financial records and sometimes expert testimony.
• Health insurance is a real post-divorce problem: A spouse covered under the other's employer health plan loses that coverage at divorce. Federal law provides up to 36 months of COBRA continuation coverage in divorce, but at full premium cost with no employer subsidy. Long-term marriages that end near retirement create a coverage gap that can be expensive to fill before Medicare eligibility at 65. This is a practical consideration that affects settlement negotiations.
• Maintenance modification risk is ongoing: Any maintenance order, including indefinite maintenance, remains subject to modification on a substantial change in circumstances. Job loss, illness, retirement, a significant change in either spouse's income, or the recipient's cohabitation can all support a modification petition. Long-term maintenance obligations create ongoing legal exposure for both sides.
• The emotional and financial stakes are higher: A marriage of 25 or 30 years is not just a legal relationship. It is a shared life, shared finances, shared property, and shared plans for the future that are now being divided in a single court case. The financial decisions made in this case will shape both spouses' retirement security. There is no recovering from a bad settlement when you are 58 years old.

Decades of Marriage Require More Than a Standard Divorce Process.

Most people going through a long-term marriage divorce have never had to think carefully about how a 30-year pension gets divided, what indefinite maintenance means for their retirement, or how property tracing works on an asset that has been commingled for two decades. The financial complexity here is different from a shorter marriage, and the stakes are higher because there is less time and less flexibility to recover from an outcome that misses the mark.

At Sterling Lawyers, we handle divorce cases across Illinois, including Chicago, Naperville, Schaumburg, Aurora, and the surrounding communities, on a fixed-fee basis. You know the full cost before we start. No hourly charges building while we work through the retirement valuations, the maintenance analysis, and the property tracing that long-term marriage cases require. Our Legal Team tier is designed for cases where the financial complexity warrants dedicated staffing. If you are not ready for full representation, our Legal Coaching option gives you direct attorney guidance at a per-session rate.

Get your situation reviewed before you agree to anything. Schedule a consultation and we will tell you exactly what Illinois law provides for your situation, what your rights are, and what a realistic range of outcomes looks like. Meet our Illinois family law attorneys, or find a location near you.