How Does Spousal Support Work in an Illinois LGBTQ+ Divorce?

 Posted on August 12, 2026 in LGBTQ+ Family Law

Spousal support in an Illinois LGBTQ+ divorce works under the same rules that apply to other married couples. And when facing divorce, you will likely have a lot of questions about spousal support. Will you have to pay support because you earn more than your spouse? Can you receive support if you stepped away from your career? How long could payments last?

If you are getting a same-sex divorce in 2026, knowing these rules can help you prepare for the financial changes ahead. Our Chicago LGBTQ+ divorce lawyer can explain how Illinois maintenance laws may apply to you.

Can a Same-Sex Spouse Receive Maintenance in Illinois?

Either spouse can request maintenance, also known as spousal support or alimony, during an Illinois divorce. The same rules apply regardless of the spouses’ sexes or sexual orientations.

Under section 750 ILCS 5/504 of the Illinois Marriage and Dissolution of Marriage Act, a court can award maintenance to either spouse. A judge first decides whether support is appropriate based on the facts of the marriage. The law also says the court should make this decision without considering marital misconduct.

This means maintenance is not meant to punish a spouse for causing the divorce. Instead, the court focuses on each spouse’s finances and other factors required by Illinois law.

How Does a Judge Decide Whether to Award Spousal Support in Illinois?

Earning less than your spouse does not automatically mean you will receive maintenance. A judge looks at the marriage and each spouse’s financial situation first.

Illinois courts consider factors such as:

• Each spouse’s income, property, and debts
• Each spouse’s financial needs
• How much each spouse earns now and may earn in the future
• Whether family duties during the marriage affected either spouse’s career
• Whether caring for children affects a spouse’s ability to work
• The standard of living during the marriage
• The length of the marriage
• Each spouse’s age, health, job, and ability to find work
• Whether one spouse helped the other pursue an education or career
• Any valid agreement between the spouses

The court can also consider other factors it finds fair and relevant. For example, one spouse may have worked less or left a job to care for the couple’s children. Meanwhile, the other spouse may have been able to build a higher-paying career. A judge could consider that history when deciding whether maintenance is appropriate.

How Much Maintenance Could a Spouse Receive in Illinois?

Once a judge decides that maintenance is appropriate, Illinois provides guidelines for calculating the amount in many divorces.

In Illinois, these guidelines generally apply when the spouses earn less than $500,000 in combined gross income each year. The paying spouse also cannot have a prior obligation to pay child support, maintenance, or both.

The calculation starts with around 33 percent of the paying spouse’s net annual income. It then subtracts 25 percent of the receiving spouse’s net annual income. Illinois also limits the final amount. The payment cannot raise the receiving spouse’s income above 40 percent of the couple’s combined net income.

These formulas do not guarantee that a spouse will receive maintenance. A court must first decide that support is appropriate.

Does the Length of an LGBTQ+ Marriage in Illinois Affect Maintenance?

The length of a marriage can affect whether maintenance is awarded and how long payments last. Illinois uses the length of the marriage when calculating the duration of certain maintenance awards.

This can be especially important for some LGBTQ+ couples. A couple may have lived together, shared finances, raised children, or supported each other’s careers for years before they could legally marry in Illinois.

However, the state bases the guideline formula on the length of the legal marriage. It does not simply count all the years the couple was together. This difference may have a major financial impact on couples who shared a life for years before marrying.

Can LGBTQ+ Spouses in Illinois Reach Their Own Maintenance Agreement?

Spouses do not always have to ask a judge to decide maintenance. Many couples reach an agreement through negotiation as part of their divorce settlement.

For example, spouses may agree on the amount and length of maintenance while also making decisions about property division. A prenuptial or postnuptial agreement may also address spousal support.

Reaching an agreement gives spouses more control over the outcome. It may also reduce the time and cost of a court battle. Still, maintenance can affect your finances for years, so it is important to understand the terms before signing an agreement.

Call a Lakeview, IL LGBTQ+ Divorce Attorney Today

Divorce can bring major changes to your finances. Whether you are worried about paying maintenance or supporting yourself after your marriage ends, knowing your rights can help you make informed decisions.

Our Chicago, IL LGBTQ+ divorce lawyer at Cameron Law Center, LLC proudly represents clients from Chicago’s LGBTQ+ communities. We offer free consultations and services in English, Persian (Farsi), German, and French, with conversational Mandarin also available. Call Cameron Law Center, LLC at 312-489-8638 or contact us online to discuss your situation today.