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.