Will I Receive Spousal Maintenance if I Am a Stay-at-Home Parent?

 Posted on July 15, 2026 in Alimony

If you are getting divorced and earn a lower income than your spouse, you probably have many concerns about finances. Making ends meet on a single income can be a daunting prospect. This is especially true if you have been out of the workforce for many years because you were raising your children. Spousal support, also called maintenance or alimony, may offer the financial relief you desperately need. However, only individuals meeting certain criteria will be eligible for spousal support in Illinois.

At The Stogsdill Law Firm, P.C., we have made a name for ourselves as one of the most prestigious law firms in DuPage County, with over 100 years of attorney experience. If you have concerns about spousal support as a stay-at-home parent, our Wheaton, IL divorce lawyers can help protect your rights.

When Is Alimony Awarded in Illinois?

Not every person who gets divorced will qualify for spousal maintenance. The courts typically only award a spouse maintenance if it is "reasonable and necessary." There are many factors considered by Illinois courts when deciding whether or not maintenance is appropriate. These include, but are not limited to:

• How long the marriage lasted
• Each spouse's age, health, and financial needs
• The standard of living established during the marriage
• Each spouse's contributions to the marriage, including non-financial contributions as a homemaker or parent
• Each spouse's income, future earning capacity, employability, and non-marital assets
• The amount of marital property awarded to each spouse in the divorce
• Tax consequences resulting from the division of assets during divorce
• Any decrease to a spouse's earning capacity due to time spent as a stay-at-home parent or homemaker
• The amount of time it will take for the spouse seeking maintenance to become self-supporting
• The allocation of parental responsibility and parenting time

If a couple has a prenuptial agreement which addresses spousal maintenance, the courts will generally follow the directions in that document. However, if the prenuptial agreement is invalid or contains unreasonable provisions, it may be dismissed.

How Much Alimony Can You Get as a Stay-at-Home Parent in Illinois?

Illinois law uses a set alimony formula for many cases, but a judge can adjust the outcome based on the facts of the marriage. The court looks at how much money each spouse earns, how long the marriage lasted, and what kind of lifestyle the family had before the divorce.

Under Illinois guidelines, maintenance is calculated by taking 33.3 percent of the paying spouse's net income and subtracting 25 percent of the receiving spouse's net income (750 ILCS 5/504). The recipient’s total income cannot go above 40 percent of the couple's combined income. This formula gives a starting point, but a judge can move away from it if the guideline amount would be unfair.

How Long Do Maintenance Payments Last in 2026?

Spousal maintenance is typically paid for a certain percentage of the length of the marriage, depending on how long the marriage lasted. Spousal support can be temporary, reviewable, or permanent based on the circumstances of the marriage.

Temporary or rehabilitative alimony is ordered when a spouse only needs short-term financial assistance until they can acquire the education, training, or skills to become financially independent. Permanent alimony is typically reserved for individuals getting divorced after being married a substantial amount of time.

Can You Ask to Modify Maintenance As a Stay-at-Home Parent?

You can ask a court to modify a maintenance order, but you need a good reason. Illinois law requires a substantial change in circumstances before a judge will agree to change the amount or the length of support.

A few common reasons for a modification request include a job loss, a serious illness, or a big change in either spouse's income. If a stay-at-home parent goes back to work and starts earning a steady income, that change can also lead to a lower support amount. On the other hand, if the paying spouse starts earning significantly more money, the receiving spouse may ask for an increase.

It helps to keep records of any changes in your finances or your health. Pay stubs, medical bills, and tax returns can all support a modification request.

Can You Get Alimony and Child Support as a Stay-at-Home Parent in Illinois?

A stay-at-home parent can receive both maintenance and child support at the same time. These are two separate types of financial support, and receiving one does not prevent you from receiving the other.

Child support in Illinois is based on an income shares model, which looks at both parents' incomes and the needs of the children. Maintenance, by contrast, focuses on the financial relationship between the spouses. Courts typically calculate maintenance first, then use the adjusted income figures to calculate child support.

This means a stay-at-home parent could receive monthly maintenance payments along with separate child support payments. Together, these forms of support are meant to help a parent cover both personal expenses and the costs of raising a child. Every case is different, so the final numbers depend on the specific income and custody details involved.

Is It Possible to Get Alimony After Your Divorce?

It is important to ask for maintenance before your divorce is finalized. Once the court enters a final divorce order, it becomes much harder to go back and request support later. Illinois law generally expects maintenance requests to be part of the original case.

You will also need to demonstrate a real need for support. Courts want to see evidence, such as income records, job history, and daily living expenses. A strong foundation of proof can make a real difference in the outcome.

Contact a Wheaton, IL Alimony Lawyer

If you are getting divorced and want to learn more about spousal support, contact The Stogsdill Law Firm, P.C.. We have provided clients with sound legal guidance on a variety of family law matters for more than 40 years. To speak with an experienced DuPage County, IL divorce attorney about your questions and concerns regarding spousal maintenance, call us at 630-462-9500 to schedule your confidential consultation today.