Am I Guaranteed Alimony as a Stay-at-Home Parent in Illinois?

 Posted on March 31, 2026 in Illinois Divorce

If you were the stay-at-home parent and are now going through a divorce in 2026, your financial situation probably feels overwhelming. It will likely take time to rebuild your resume and gain employment that will be able to support you and your children going forward.

Alimony, also called spousal maintenance, is set up for just such a situation. Spousal maintenance is meant to make sure the lower-earning spouse has enough resources to get their feet under them financially. But that’s only a comfort in your situation if you’re sure that you’ll actually get it. A St. Charles divorce attorney can help out by clarifying who gets alimony and for how long.

Does Illinois Guarantee Alimony to Stay-at-Home Parents?

Illinois does not automatically award alimony in divorce cases. But don’t give up hope: courts decide whether to grant maintenance based on factors listed in the Illinois Marriage Act (750 ILCS 5/504). This list includes situations where one partner gave up the opportunity for career growth in favor of staying home with the kids.

If you delayed a career or education because of your role at home, there’s a good chance the court will grant you maintenance. Other factors a court will weigh include:

• The income and property of each spouse

• The financial needs of each party

• The standard of living the couple had during the marriage

• The length of the marriage

• How long it would take the spouse seeking maintenance to get education or training so they could be self-supporting

No single factor decides the outcome. For a parent whose earning power was reduced because they watched the kids, maintenance is often granted.

How Is Maintenance Calculated in Illinois?

Once a court decides that spousal maintenance is appropriate, it uses a formula to set the amount. For couples with a combined gross income under $500,000, the calculation is 33.33 percent of the paying spouse's gross annual income minus 25 percent of the receiving spouse's gross annual income. The final maintenance amount being paid to the receiving spouse can’t be above 40 percent of the couple's combined gross income.

How long maintenance lasts depends on how long the marriage lasted. A marriage that lasted less than five years will receive maintenance orders for 20 percent of the marriage’s length. Each additional year the marriage lasted will slightly increase the amount of time maintenance will be paid. Marriages that lasted for 20 years or more will receive maintenance equal to the length of the marriage (or indefinitely, if the judge orders it).

What If the Court Does Not Award Me Maintenance?

A  judge deciding not to grant maintenance doesn’t mean you’ll walk away from your divorce empty-handed. Property division and child support are other, separate processes that your divorce will go through. These are other ways for you to receive financial support.

Marital Property Division

Illinois divides marital property "equitably," not necessarily 50/50. The law is concerned with making sure that both spouses receive a fair part of the total value of your assets. Marital property generally includes anything either spouse acquired during the marriage. Courts consider your financial contributions, your non-financial contributions (like caregiving and homemaking), and your future earning prospects when deciding how to split assets.

A stay-at-home parent with limited income and few immediate job prospects may receive a larger share of marital property to help offset that imbalance. The marital home, retirement accounts, savings, and other assets are all part of this calculation.

Child Support

Child support is designed to make sure children have the same help they would have had if their parents hadn’t divorced. If you have more parenting time with your children, the other parent will likely owe child support. It’s not the same as alimony, but it is another financial tool that can help you stay afloat after your divorce.

Can You Negotiate Spousal Maintenance Outside of Court?

Many divorcing couples reach a maintenance agreement on their own through negotiation or mediation. A judge will generally approve a settlement that both parties agree to and that meets basic legal requirements. Settling outside of court can give you more control over the outcome and may be less time-consuming than litigation.

That said, you should not enter settlement talks without a clear understanding of what you would receive if the case went before a judge. For this reason, any agreement you are considering should be run by your lawyer before you sign.

Call a Kane County, IL Divorce Attorney Today

Divorce after being the stay-at-home parent comes with all sorts of unknowns. You deserve someone who understands how to fight for your financial future and accurately represent your case to a judge if it comes to it. 

Attorney Weiler at Weiler & Associates, P.C. is a Certified Financial Litigator with specific experience helping clients litigate or settle complex financial matters in divorce. Contact our St. Charles divorce lawyers at Weiler & Associates, P.C. at 630-331-9110 to schedule your first consultation.