If you're going through a divorce or thinking about modifying a past agreement, you should know that Illinois updated its maintenance (alimony) laws in January 2025. These changes are now in effect and could influence how long payments last, whether they continue under certain circumstances, and how courts handle financial support during or after a divorce. At Katz, Goldstein & Warren Law Firm, we’ve been closely following these developments to help Illinois families understand what the changes mean and what steps they may need to take.
Whether you expect to pay maintenance or receive it, understanding how the law now applies is key to protecting your financial future and making informed decisions.
What Is Maintenance in Illinois?
Maintenance is financial support that one spouse may be required to pay the other after divorce. It’s typically awarded in situations where there’s a significant financial imbalance—such as when one spouse earns much more than the other or stayed home to care for children during the marriage.
Courts consider multiple factors when awarding maintenance, including:
- The length of the marriage
- The income and property of each party
- The needs of each party
- The realistic present and future earning capacity of each party
- Both parties’ income, earning capacity and property apportioned to each party
- Contributions made to the marriage (including unpaid labor and childrearing)
- The lifestyle established during the marriage
- And many other factors that the court finds as just and equitable
Illinois uses statutory guidelines to determine the amount and duration of maintenance, but judges can adjust those numbers when needed to reach a fair outcome.
What Changed in January 2025?
Maintenance Continues During Incarceration
Public Act 103-967 (effective Jan. 1, 2025) eliminated the automatic pause that once took effect when the paying spouse was incarcerated. Maintenance now keeps accruing while a payor is in jail or prison, and any unpaid balance becomes arrears that can be collected after release. If time behind bars genuinely limits someone’s ability to pay, the proper step is to petition the court for a modification rather than assume the obligation disappears.
(This rule is separate from the “voluntary unemployment” analysis courts sometimes use when imputing income for child support.)
This change in the statute ensures that financial responsibilities are not eliminated due to incarceration. Incarceration is no longer considered voluntary unemployment, and can significantly impact how support is calculated or modified in cases involving jailed or imprisoned parents. This encourages proactive legal planning in situations where a paying spouse may face imprisonment.
When Can Maintenance Be Modified or Terminated?
In Illinois, maintenance may be modified or terminated based on certain life changes. If your original agreement allows for modification—and many court-ordered arrangements do—you may be eligible to revisit the terms. Common reasons to request a change include:
- A significant shift in income or employment so long as made in good faith
- Retirement or a permanent disability
- Remarriage of the recipient spouse
- Cohabitation in a marriage-like relationship
- And many other factors the court finds as just and equitable
Importantly, incarceration alone no longer halts maintenance obligations, but it may be a factor considered in a modification request.
Whether you're receiving or paying maintenance, it’s important to review your current order with a qualified attorney to determine whether the updated law affects your rights and responsibilities.
Other Key Family Law Updates Now in Effect in Illinois
Although the most notable change involves maintenance, the 2025 IMDMA amendments introduced other important revisions that may impact your Illinois family law case:
New Requirements for Assigning Income
Illinois courts can still “impute” income—treat a parent as earning more than they actually do—when calculating child support. The amendments set forth this year add two new guardrails to make that process fairer:
- Hearing or agreement. Unless both parents sign off on the number, the judge must hold a formal evidentiary hearing before deciding how much to impute.
- Written findings. Whenever income is imputed—during the divorce or in any later support review—the court must put in writing the evidence it relied on and why the amount is reasonable.
These steps create a clear record, help prevent support orders based on guesswork, and give either parent a solid footing to appeal if the numbers still don’t add up.
More Precise Relocation Rules
When a parent wants to relocate with a child, courts must now rely on an internet-based mapping service to measure the distance between residences and use the shortest surface-road route available. This standardized method makes relocation decisions more consistent and objective statewide.
Parenting Plan Finality Clarified
Under the updated statute, a parenting plan or allocation judgment once approved or entered by the court, shall be considered final and enforceable, unless the underlying action is dismissed. A final and enforceable parenting plan is subject to modification under certain circumstances or appeal while the divorce or parentage case is active and after the court enters the final judgment. However, if the underlying matter is later dismissed (e.g. for lack of prosecution), the parenting plan/allocation judgment is no longer enforceable.
If your case is at risk of dismissal, talk to your family law attorney right away—otherwise the parenting schedule you worked hard to craft could be unenforceable, leaving everyone without clear rules.
Counseling Confidentiality Explained
The recent amendments removed the blanket promise that court-ordered counseling is “absolutely confidential.” Instead, any privacy questions now fall under the Illinois Mental Health & Developmental Disabilities Confidentiality Act and HIPAA.
In plain English, that means most counseling communications stay private, but the usual statutory exceptions apply. Your lawyer can explain which statements might still be discoverable in court and how to protect sensitive information before you start counseling.
Why These Changes Matter for You
Whether you're preparing for divorce or considering changes to an existing order, these updates could have a meaningful impact on your case. For example:
- You may need to continue paying maintenance despite incarceration
- You may be entitled to challenge an unfair imputed income decision
- Your planned relocation may now require court approval under stricter rules
- Your parenting plan may be unenforceable if the underlying case was dismissed
- Counseling-related disclosures may now play a role in parenting or custody decisions
These laws reflect an effort to bring greater fairness and clarity to Illinois family law—especially in complex or high-conflict cases. Since these changes are already in effect, it’s important to act now if you think your current order no longer reflects your circumstances.
Going Through a Divorce or Support Issue? Katz, Goldstein & Warren Is Here for Illinois Families
At Katz, Goldstein & Warren Law Firm, we help individuals and families navigate sensitive legal issues with compassion, clarity, and trusted guidance. We proudly serve clients across Cook, Lake, DuPage, McHenry Counties, and surrounding areas, including communities like Bannockburn, Highland Park, Wheaton, Crystal Lake, and Waukegan.
If you're unsure how the new laws apply to your situation—or if you're considering modifying an existing agreement—we're here to help. Our attorneys will take the time to understand your goals, explain your rights in plain language, and advocate for a resolution that works for you and your family. And when children are involved, we stay focused on the best interests of the child from the child’s perspective.
Contact Katz, Goldstein & Warren today to schedule a consultation and get reliable legal support tailored to your future.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. For guidance on your specific situation, please consult a licensed Illinois family law attorney.