How Gray Divorce Affects Spousal Maintenance

 Posted on March 19, 2026 in Spousal Maintenance

When spouses age 50 and older get divorced after decades of marriage, it is commonly referred to as a gray divorce. People going through a gray divorce may have different concerns and priorities than younger couples. One such area is spousal maintenance, commonly known as alimony. This is relevant when someone who relied on their spouse’s income during the marriage needs continued financial support.

Spousal maintenance is not mandatory but is often part of a gray divorce. At Calabrese Associates, P.C., our Naperville, IL family law attorney can represent you in alimony discussions in a gray divorce to ensure the outcome is fair.

What Factors Affect Alimony in an Illinois Gray Divorce?

In any case, judges apply the same standards when deciding if maintenance is appropriate (750 ILCS 5/504). While every case is unique, there are some basic factors that the court considers when deciding on a maintenance order in a gray divorce.

The Length of the Marriage

Many couples in a gray divorce have been married for decades. The number of years that you were married is how Illinois calculates how long the maintenance payments should last following the divorce. 

When spouses have been married for 20 years or more, the court can award indefinite maintenance. Maintenance without an end date is a major factor in the long-term cost of the payments.

Less Potential for Income Growth

Spousal maintenance for younger divorcees is usually temporary because the recipient is expected to try to become financially independent. It may be unreasonable to expect someone in a gray divorce to significantly increase their income.

If the recipient is retired, they may be living on a fixed income. If the recipient is still working, they may be at a point in their career where opportunities for finding a new job or starting a new career are limited.

Higher Standard of Living

Older couples often improve their standard of living as they have time to accumulate assets and are no longer paying for expenses such as raising their children. During a divorce, both sides can reasonably request to continue the same level of comfort as when they were married.

Spousal maintenance is one of the ways that the court can help equalize the standard of living for the spouses. If there is an income disparity between the spouses, this factor may be given more consideration.

How Is Spousal Maintenance Calculated in a Gray Divorce?

In Illinois, spousal maintenance is based on a mix of statutory guidelines and the unique facts of each marriage. In a gray divorce, where spouses are over 50 and may have been married for a long time, those facts tend to carry more weight. The court will still start with a formula in many cases, which looks at both spouses’ incomes. 

In Illinois, spousal maintenance is often calculated based on both spouses’ incomes. The formula takes a percentage of the paying spouse’s income and subtracts a percentage of the receiving spouse’s income. It also includes limits so the receiving spouse does not earn more than a certain share of the combined income. 

While the formula provides a starting point, it does not apply in every case. Courts may choose to deviate from it when the numbers do not reflect a fair outcome. This is common in gray divorces, where factors like health and long-term financial stability matter more. Judges will look beyond income alone to decide what level of support, if any, is reasonable.

Are You More Likely to Get Maintenance in Illinois if You Have Not Worked in Years?

A spouse who has not worked in many years may have a stronger claim for maintenance, but it is not automatic. Many gray divorces involve one spouse who spent years as a homemaker, raising children, managing the household, or supporting the other spouse’s career. While that work may not come with a paycheck, it still has real economic value.

The court will look at employability. That includes education, work history, age, and how long the spouse has been out of the workforce. Someone who has not worked in 20 or 30 years may face real challenges finding meaningful employment, especially later in life. Retraining or reentering the workforce may not be practical or may only lead to limited income.

At the same time, this is only one factor. Courts will still evaluate the full financial picture, including the paying spouse’s ability to provide support. If you are requesting support, it is advisable to get a detailed inventory of your assets so you can explain your circumstances.

Does Spousal Support Affect Property Division for an Illinois Divorce in 2026?

Spousal support and property division are closely connected, even though they are technically separate parts of a divorce. In Illinois, courts aim to divide marital property in a fair way, and maintenance is one of the tools used to reach that fairness.

In some cases, getting a larger share of marital property may reduce the need for maintenance. For example, if one spouse receives a large part of the retirement accounts or other property that brings in income, that spouse may need less monthly support. But if those assets are hard to use right away or do not produce income yet, maintenance may still be necessary.

Courts will also consider the tax impact and long-term financial consequences of both decisions. The goal is to avoid an outcome where one spouse is left financially unstable while the other remains secure. In gray divorces, where there is less time to recover financially, this balance becomes especially important.

Contact a DuPage County, IL Divorce Lawyer

Spouses in a gray divorce must divide valuable assets such as their retirement accounts and marital home. At Calabrese Associates, P.C., our experienced Naperville, Illinois, family law attorney works with divorcees to figure out how to split these assets while ensuring that their financial future is secure. 

As a former chair of the DuPage County Bar Association Family Law Committee and a lecturer on family law-related issues, Attorney Calabrese has the experience needed to handle these cases with confidence. Call 630-393-3111 today to schedule a consultation and learn more.