How Long Will I Have to Pay Alimony If We Get Divorced Later in Life? 

 Posted on November 27, 2025 in Spousal Support

Divorcing later in life brings different concerns than divorcing in your 30s or 40s. You need to think about retirement, Social Security, pensions, and how to make your savings last. If you are the higher earner, you may worry about paying spousal maintenance (alimony) for the rest of your life. If you are the lower earner, you may worry about whether spousal maintenance will last as long as you need it.

Gray divorce, the term for divorce after age 50, affects maintenance calculations differently than divorce at younger ages. Our St. Charles gray divorce attorneys are here to help you understand Illinois’ spousal maintenance laws and how courts handle the dissolution of long marriages.

How Does Illinois Decide How Long Alimony Lasts?

The first important thing to note about spousal maintenance in Illinois is that alimony is never mandated. Instead, judges look at many different factors to determine whether alimony is needed. 

The second thing to note is that couples are encouraged to create alimony agreements on their own, outside of courtroom litigation. Only if a couple cannot do so will a judge intervene and use the law and the facts of the case to create an alimony agreement as part of a divorce settlement. 

Illinois law under 750 ILCS 5/504 provides guidelines for spousal maintenance duration based on the length of your marriage. For older couples who have been married for many decades, maintenance can be ordered to last for an amount of time equal to the length of the marriage or can even be permanent. 

For divorces in your 60s after long marriages, judges often order permanent maintenance, especially when the receiving spouse is unlikely to become self-supporting due to age and time out of the workforce.

Permanent maintenance does not necessarily mean forever, however. It typically continues until the receiving spouse remarries, either party dies, or circumstances change substantially enough to justify modification or termination. For example, retirement can be a significant change in circumstances that affects maintenance obligations.

Does Retirement End Maintenance Obligations?

Retirement does not automatically end maintenance. However, it can be grounds for modifying the amount. When the paying spouse retires, their income typically drops. Courts can reduce maintenance payments to reflect this decreased income, but they consider whether the retirement was voluntary and at a reasonable age.

If you retire at 62 when you could have kept working until 67 or 70, the court might not reduce maintenance as much as if you retired at full retirement age. Judges look at whether retirement was reasonable under the circumstances or whether you are trying to avoid paying support.

Can You Negotiate Your Own Alimony Terms?

Illinois maintenance guidelines are not mandatory. Couples can negotiate their own maintenance agreements as part of the divorce settlement. If both parties agree to various terms, judges typically approve them as long as they are not unconscionable.

Negotiating maintenance terms gives you more control than leaving the decision to a judge. You might agree to higher maintenance for a shorter period, or lower maintenance with a larger property settlement. Some couples agree that maintenance ends at a specific age or event, such as when both parties reach full retirement age.

Lump sum maintenance is another option. Instead of monthly payments, the paying spouse gives a one-time payment or transfers additional assets. This eliminates ongoing obligations and gives both parties certainty and a clean break.

Do You Pay Alimony Forever If Your Spouse Was a Stay-at-Home Parent?

Long marriages where one spouse stayed home or worked part-time to raise children create significant maintenance obligations. A 65-year-old who has not worked full-time for 30 years cannot realistically become self-supporting. Courts recognize this reality.

Permanent maintenance is more likely when the receiving spouse sacrificed career opportunities to support the family. The amount of maintenance depends on the marital standard of living, each spouse's income and assets, and the receiving spouse's ability to meet their needs. After a long marriage, courts aim to allow both spouses to maintain lifestyles reasonably comparable to what they enjoyed during the marriage.

Call a Kane County, IL Gray Divorce Attorney Today

Divorcing in your 60s after a long marriage raises complex questions about spousal maintenance, retirement planning, and financial security. Understanding how Illinois law treats maintenance in gray divorce cases helps you plan for your future.

Contact Divorce Over 50 - Goostree Law Group for a free consultation about your gray divorce case. Our St. Charles, IL gray divorce lawyers have specific experience helping older couples navigate divorce and the significant transitions it brings. Call us today at 630-634-5050.