Can You Negotiate Alimony in Your Divorce?

 Posted on August 26, 2025 in Alimony

Alimony – legally called "spousal maintenance" in Illinois – can play an important role in helping you remain financially stable after a divorce. Many people understandably wonder whether maintenance is something a judge always orders, or whether it can be negotiated between spouses.

The truth is that while Illinois law provides guidelines, there is often room for negotiation, especially when couples use mediation to resolve disputes. 

As of August 2025, Illinois statute 750 ILCS 5/504 continues to govern spousal maintenance. This statute gives judges discretion in awarding alimony, but it also leaves space for couples to reach their own agreements. Understanding how alimony works and when you can negotiate it may improve your chances of securing a fair outcome, and our Rolling Meadows divorce lawyer is here to help. 

When Is Alimony Ordered in Illinois?

Alimony is no longer an automatic part of the divorce process. A judge will consider several factors before deciding whether to award maintenance. These include each spouse’s income and property, their earning capacity, how long the marriage lasted, and the standard of living established during the marriage. For example, a spouse who left the workforce to raise children may be more likely to receive alimony than one who continued working full-time. Only if the court decides that alimony is appropriate will it use statutory formulas to calculate the amount and duration, unless the spouses reach a different agreement. 

This is why negotiation matters so much. Spouses have the ability to create their own alimony arrangements that are tailored to their circumstances rather than relying solely on the court’s formula.

Negotiating Alimony Through Mediation

Mediation is one of the most effective ways to negotiate alimony in Illinois. In mediation, a neutral third party helps spouses discuss issues and reach an agreement outside of court. Because the setting is less adversarial, spouses may be more willing to compromise. And because each spouse can negotiate for what they want, the final divorce settlement can be more flexible than what statutory guidelines would normally allow. 

For example, one spouse may agree to pay a certain amount of alimony in exchange for receiving a larger share of marital property. Or both parties may negotiate a shorter period of alimony combined with a lump-sum payment. These types of arrangements can be customized in mediation and later incorporated into the divorce decree. Judges generally approve mediated agreements as long as they are fair and in line with Illinois law.

Strategies for Negotiating for More Alimony

If you are hoping to get alimony in your divorce, preparation is important. Helpful strategies include:

• Documenting your financial needs by showing household expenses, medical costs, and career plans.

• Presenting evidence of the sacrifices you made during the marriage, such as supporting your spouse’s career or caring for children full-time.

• Being flexible and open to creative solutions, such as temporary maintenance that gives you time to pursue education or training.

• Using mediation to keep discussions constructive and avoid the expense and risk of leaving everything up to a judge.

By focusing on clear evidence and realistic expectations, you improve your chances of negotiating an alimony agreement that works for both sides.

Contact an Arlington Heights, IL Alimony Attorney

If you are preparing for divorce and have questions about alimony, an experienced Rolling Meadows divorce lawyer at Law Offices of Donald J. Cosley can guide you through the negotiation process. With over 30 years of experience handling every case directly, he can help you pursue a fair outcome. Call 847-253-3100 today to schedule a free consultation.