What Can Spousal Support Be Used For?

 Posted on September 16, 2026 in Spousal Support

If a judge orders your ex to pay you spousal support, you might expect there to be rules about how you can use it. While spousal support is intended to help a spouse stay financially stable after a divorce, Illinois law doesn't have a specific list of what you can and cannot use support for.

A Chicago, IL spousal support attorney can help you understand what a maintenance order covers as you plan your finances in 2026.

Does Illinois Law Restrict How You Spend Spousal Maintenance?

Illinois law doesn't usually require you to account for how you spend spousal maintenance once it's deposited in your account. The court sets the amount and duration of maintenance under 750 ILCS 5/504. Factors like each spouse's income, their earning capacity, and the standard of living during the marriage help to determine the final amount. After that point, the statute gives no specific direction on how maintenance money is to be used.

What Does Spousal Maintenance Usually Cover After an Illinois Divorce?

Many people who receive maintenance put it toward the same costs they previously covered with the help of their partner's income. Common uses include:

• Rent or mortgage payments

• Utilities, groceries, and other household expenses

• Health insurance premiums and medical bills

• Transportation costs

• Tuition or training to build new job skills

The cost of training to get a better job is especially relevant in many cases. When deciding whether maintenance is appropriate, Illinois courts consider how much time a spouse may need to get education, training, or employment that can help them become self-supporting. Many awards consider the time and cost it may take to finish a degree or complete additional certification to increase a spouse's earning capacity.

Is Alimony Taxable in Illinois?

Under current federal tax law, maintenance paid under a divorce or separation agreement entered into after 2018 is generally not taxable income for the person receiving it. The paying spouse also cannot deduct those payments.

Older agreements can follow different rules. If an agreement was entered into before 2019, maintenance may still be taxable to the recipient and deductible by the payer. A later modification does not automatically change the tax treatment. The newer rules apply to an older agreement only if the modification specifically says they apply.

It’s important to speak to your attorney or tax professional if you're unsure which rules apply to your order.

Does Remarriage or Cohabitation End Spousal Maintenance in Illinois?

Remarriage of the receiving spouse generally ends spousal maintenance (750 ILCS 5/510). Illinois law requires that the receiving spouse notify the paying spouse of an upcoming remarriage, usually at least 30 days ahead of time. Maintenance also ends if a receiving spouse begins living with another person in a continuing, marriage-like relationship. If the decision to remarry is made less than 30 days before the wedding, notice must be given within 72 hours after the marriage.

If the receiving spouse remarries, maintenance ends on the date of the marriage. It's important for a receiving spouse to notify the court and the paying spouse of a marriage or moving in with someone so the order can be updated. If they fail to do this, the court can order that the paying spouse is entitled to reimbursement for maintenance paid after that date.

Can a Spousal Maintenance Order Be Changed After It's Set in Illinois?

Many maintenance orders can be modified if circumstances change. Either spouse can typically ask the court to modify or terminate support if there's been a substantial change in circumstances. Changes that might support a modification include a job loss, a major change in income, or a health problem that affects a spouse's earning ability. Remarriage or qualifying cohabitation can also end spousal maintenance under separate rules.

If you want to request an update to an order, it's wise to have documentation (i.e., pay stubs or medical bills) of the change.

Call a Rolling Meadows, IL Spousal Support Attorney Today

If you have questions about what your spousal support can cover, The Law Offices of Curtis Bennett Ross, L.L.C. can help. Our Chicago, IL alimony lawyer has practiced family law in Illinois for more than 40 years. As a certified public accountant, court-appointed financial expert and receiver, and trained mediator, he brings a unique mix of financial and legal skills to support and property cases.

Call The Law Offices of Curtis Bennett Ross, L.L.C. at 312-984-1514 to schedule your free limited consultation today.