A significant update to Illinois divorce law now clarifies that maintenance payments must continue even if the paying spouse is incarcerated. This change, effective January 2025, alters the previous expectation that maintenance could be paused automatically during imprisonment.
What Changed?
Under the new law, alimony no longer pauses automatically when the paying spouse is incarcerated. Instead:
- Payments continue to accrue while the individual is in prison.
- Any unpaid amounts become arrears, which can be collected after the spouse’s release.
- If incarceration impacts the ability to pay, the individual must petition the court for a modification rather than relying on an automatic suspension.
Key Considerations for Divorced Spouses:
-
Continued Obligation
Maintenance is now legally required during incarceration. Courts may establish mechanisms for collecting arrears or adjusting payment methods once the payer is released. -
Communication With Legal Counsel
If you are the recipient, ensure that your attorney is aware of the new law to help enforce payments. If you are the payer, consult your attorney to understand how to comply and avoid penalties. -
Potential Adjustments
While incarceration does not suspend the obligation, courts may consider the payer’s financial circumstances for future modifications—but past payments owed remain enforceable. -
Enforcement
Failure to pay maintenance—even while incarcerated—can result in garnishment of wages, collection of arrears, or other enforcement actions.
Need Guidance?
If you have questions about maintenance, how this law affects your situation, or need help enforcing or modifying payments, contact Greenberg & Sinkovits. Our experienced family law attorneys can provide the advice and support you need to protect your rights.
