How Do Courts View Long Gaps In Employment When Deciding Spousal Support?

In Illinois, spousal support (which is legally known as maintenance) is a statutory guideline calculation that takes many factors into consideration when determining whether or not a spouse is entitled to spousal support and for how long.  An experienced family law attorney should be able to guide you through not only the actual calculations, but should consider and discuss the employment and non-employment risks and termination events.

Voluntary versus Involuntary Employment

In employment situations where there is restructuring, elimination of a position, downsizing, or just being let go, then the employment is considered involuntary.  When an employment situation has a termination event that is due to poor performance, bad behavior, unethical conduct, walking out on the job, and the like, then that is considered voluntary unemployment.  Other voluntary unemployment includes when a party chooses not to work or chooses not to seek employment, or both.  The bottom line is that the parties’ history of employment is a significant factor in determining spousal support, and transparency with your family law team is paramount to properly navigate this aspect of your divorce.

Imputed Income versus Earning Capacity

When a party is unemployed, the courts will consider what their earning capacity may be, such as education, background, and work experience.  This case leads to determining what a previous salary or income was or should be at this time.  The courts often consider and implement an imputed income for a party that is not employed, but not always.  Again, circumstances that led to the unemployment, including stay-at-home parents that both parties agreed to during the marriage, are a factor as well.

Credibility and Good Faith Job Searches

A party being forthcoming about their circumstances is important to the court.  Also, being able to show a good faith effort to find a job can prove to be hugely beneficial.  Your family law attorney also has legal avenues to file certain motions with the court in this regard.  Specifically, we often consider filing a Motion to Seek Employment and Maintain a Job Diary, including specificity on dates, contact information, follow-up, and the like.

Impact on Maintenance in Duration and Amount

In 2026, maintenance is calculated based upon how long you have been married, respective incomes, age, and how you lived throughout the marriage, coupled with disparity in net incomes.  While the calculation is percentage-based, Judges have discretion to alter the award or duration.  There are also caps and considerations when a party is also paying child support and contributing to child-related expenses.  That is why it is very important to seek out legal counsel and guidance when determining or discussing what your spousal support (maintenance) obligation will look like – both temporary and permanent.  We have nearly 25 years of experience in the family law and matrimonial law field.  Our Founder, Jennifer Ward of WARD FAMILY LAW is available for consultations, so reach out to her today to discuss your case and your needs.  Email: jward@wardfamilylawchicago.com or call 312-803-5838.