Alimony May Not End at Retirement in Illinois

 Posted on December 27, 2025 in Divorce

In Illinois, many people who pay spousal maintenance (also called alimony) think retirement will automatically lower or end their payments. But Illinois courts are not accepting that idea as easily as they used to. Judges now take a closer look at whether a retirement is made in good faith, especially when the person still owes maintenance.

If you assume retirement will automatically end your maintenance payments, it could be an expensive mistake. If you retire before the "normal" retirement age, the court may require strong proof that your choice was reasonable and necessary.

Courts may look closely at your timing, your reasons for retiring, how you replace your income, and even your lifestyle. If you are planning to retire and hope that will end your maintenance obligation, talk to an experienced DuPage County, IL family law attorney before you finalize those plans.

Retirement Is Not Always an Automatic Way to Stop Maintenance

Under Illinois law (750 ILCS 5/504), a court can change or end maintenance if there is a substantial change in circumstances. Retirement can sometimes qualify, but not every retirement is treated the same. A judge may ask whether your retirement makes sense in your situation and whether it matches the retirement plans you had before the divorce. If the person paying maintenance can still earn money after retiring, and maintenance still seems fair, the court may order payments to continue. Maintenance ends automatically only if:

•  A specific end date was set in the court order.
•  Either person dies
• The person receiving maintenance remarries.
• The person receiving maintenance moves in with a partner in a marriage-like relationship.

For most other changes—like retirement, job loss, or the recipient trying to become self-supporting — you usually must ask the court for a modification. Also, some divorce agreements say maintenance is non-modifiable. If that applies, even a real change in circumstances may not matter.

What Does "Good Faith" Retirement Mean in Illinois Family Court?

Illinois courts decide on "good faith" retirement by looking at the facts of each case. Judges may consider things like your age when you retired. The judge could consider what is normal in your line of work or whether you were forced to retire. Forced retirement could include mandatory retirement age, layoffs, or disability. Other issues with retirement could include your health and medical limits.

Courts are often suspicious if someone retires soon after the divorce or retires without a real financial need. Judges may also question retirement if the person’s lifestyle suggests they can still afford to work or earn money. More and more, courts reject the idea that someone can choose leisure over legal obligations.

Even after retirement, the court may look at income from pensions, Social Security, investments, rental properties, or part-time or consulting work. In other words, if you retire but still have enough income to live comfortably, the court may decide you can still pay maintenance.

How Is Long-Term or "Permanent" Maintenance Handled in Retirement?

Illinois courts are also moving away from the idea that retirement automatically ends maintenance in long-term marriages where permanent maintenance was ordered. A judge might make maintenance reviewable when retirement happens, and may reduce payments instead of ending them. If the person receiving maintenance does not have enough retirement savings, maintenance could continue longer. The court may also consider:

• Whether retirement plans were shared during the divorce
• Whether maintenance was negotiated with retirement in mind
• Whether retirement was foreseeable when the divorce judgment was entered 

Contact a Wheaton, IL Spousal Maintenance Lawyer

If you plan to retire and you pay spousal maintenance, do not assume your payments will end. Illinois courts are taking a hard look at "good faith" retirement claims. If you want to request a modification, an experienced DuPage County, IL divorce attorney at McSwain Rapp Law, LLC can help protect your financial future. Schedule a free consultation today by calling 630-581-2877.