Illinois Spousal Maintenance in 2026

Illinois spousal maintenance the term Illinois law uses instead of “alimony” — quietly became more complex in 2025. Two targeted but consequential amendments to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) changed the rules in ways that are already showing up in courtrooms across Cook, DuPage, Lake, Will, and Kane Counties.

Quick Background: How Illinois Maintenance Works in 2026

Before getting into the 2025 updates, it helps to understand the baseline. Illinois calls financial support paid from one ex-spouse to another “maintenance” (750 ILCS 5/504). It is not automatic — courts award it only when there is a genuine financial need and the other spouse has the ability to pay.

When maintenance is awarded, the standard formula is:

33.3% of the paying spouse's net monthly income − 25% of the receiving spouse's net monthly income = monthly maintenance amount

The result cannot push the receiving spouse's total income above 40% of the couple's combined net income. Duration is tied to the length of the marriage — longer marriages produce longer maintenance obligations. For marriages of 20 years or more, courts may award permanent maintenance.

Want to run the numbers? Our Illinois alimony calculator applies the current formula to your specific income figures.

With that foundation in place, here is what changed.

Change #1: Maintenance No Longer Pauses During Incarceration

What the old law said

Under the previous version of the IMDMA, maintenance automatically stopped accruing when the paying spouse was incarcerated  including when they were imprisoned for failing to comply with a court order. The receiving spouse simply lost those payments, with no legal mechanism to recoup them after release.

What changed in 2025

The 2025 IMDMA amendments removed that automatic pause entirely. The relevant statutory language eliminating the incarceration exemption is now gone. The practical consequences are significant:

• Maintenance continues to accrue as a legal debt during the paying spouse's incarceration.
• All unpaid maintenance amounts accumulate as arrears money the receiving spouse has a legal right to collect after the paying spouse is released.
• Incarceration is no longer treated as a valid reason to automatically reduce or suspend the obligation.
• If the incarcerated spouse genuinely cannot pay and wants relief, they must file a formal petition with the court to modify the maintenance order.

Why this change was made

The amendment reflects a broader legislative philosophy: court-ordered financial obligations protect financially vulnerable spouses, and those protections should not evaporate based on the paying spouse's conduct including criminal conduct. The previous automatic pause was seen by many advocates as an unintended windfall for paying spouses who were imprisoned for criminal behavior.

What this means if you receive maintenance

If your ex-spouse is currently incarcerated or faces possible imprisonment, you are entitled to collect arrears when they are released. You should work with an attorney to document the accruing debt and understand your enforcement options including wage garnishment, liens, and other collection mechanisms available under Illinois law.

What this means if you pay maintenance

If you face incarceration, do not assume your maintenance obligation pauses. File a modification petition as soon as possible. Courts have discretion to adjust obligations based on a genuine inability to pay, but they will not do so automatically. Waiting until after your release to address an accumulated arrearage creates serious financial and legal problems.

Change #2: Courts Must Now Follow Stricter Rules Before Imputing Income

What imputing income means

“Imputed income” refers to the practice of courts assigning a hypothetical earning amount to a spouse who is voluntarily unemployed or deliberately underemployed. The goal is to prevent a spouse from gaming the system by quitting a high-paying job, for example, to reduce their child support or maintenance obligation.

Illinois courts have had this power for years. The 2025 amendments did not take it away. But they significantly raised the procedural bar for using it.

The new requirements for imputing income

Before a court can impute income to a spouse in a child support matter, the 2025 amendments now require:

• The court must hold a formal hearing at which both parties can present evidence. This requirement can be waived only if both parties mutually agree on the imputed amount.
• If the court imputes income, it must issue a written explanation identifying the specific statutory factors that justified the decision.
• The court must consider the actual local job market, the availability of local employers likely to hire the parent, and prevailing wage levels in the community, not just a theoretical earning capacity based on the parent's credentials.

Why this matters in practice

Previously, courts had fairly broad discretion to impute income with limited process. A judge could assign an earning figure based largely on a parent's resume or prior earnings history. The new requirements mean that imputation must be based on real-world conditions, not just theoretical capacity.

This is a meaningful shift in contested divorce and child support cases where one parent accuses the other of deliberately underearning.

If you believe your co-parent is underearning on purpose

The evidentiary hearing requirement gives you a genuine opportunity to make your case but it also requires preparation. You will want to gather:

• Employment records and income history for the other parent
• Evidence of available jobs in their field within the local area
• Wage data for comparable positions in your county
• Documentation showing the parent turned down work opportunities

This level of evidentiary preparation is exactly why having an experienced Illinois divorce attorney in your corner matters. At Sterling Lawyers, our attorneys handle contested child support and maintenance disputes across Chicago, Naperville, Schaumburg, and beyond.

If you are the parent accused of underemployment

The 2025 amendments also give you stronger procedural protections. The court cannot simply assign you an arbitrary income figure without a hearing and written justification. If imputation is at issue in your case, prepare to document your genuine job search efforts, the local employment landscape, and any legitimate reasons for your current income level — caregiving responsibilities, health conditions, or a recent industry downturn, for example.

How the Two Changes Interact

It is worth noting that these two amendments can intersect. Consider a scenario: a spouse is paying maintenance and is then incarcerated for a separate criminal matter. Under the old law, maintenance would have paused. Under the new law, it continues to accrue. If that same spouse was earning less than their capacity before incarceration, the receiving spouse may also have grounds to pursue imputed income arguments for the period before imprisonment.

These intersections create complexity that is best navigated with legal guidance rather than assumptions.

The Bigger Picture: Illinois Family Law in 2026

These two changes are part of a broader trend in Illinois family law toward greater accountability and procedural fairness. Other 2025 IMDMA changes — including new rules on parenting plan finality and court-ordered counseling confidentiality — reflect the same legislative intent: create clearer rules, reduce ambiguity, and protect the parties who are most financially vulnerable.

For a full overview of all 2025 and 2026 changes to Illinois divorce law, see our article: 2026 Illinois Divorce Law Updates: What Changed and What It Means for You.

Speak With a Sterling Lawyers Attorney

The 2025 IMDMA amendments are not theoretical. They are changing real outcomes in Illinois courtrooms right now. Whether you receive maintenance, pay it, or are navigating a child support dispute involving imputed income, understanding your rights under the current law is essential.

Sterling Lawyers handles family law exclusively. Our attorneys are based across these Illinois locations — including Chicago, Naperville, Schaumburg, Arlington Heights, and Aurora and stay current on every legislative development affecting our clients.

Schedule a consultation today and get clear, current guidance on how these changes apply to your situation.