Illinois Divorce Law Changed in 2025. Here's What It Means If You're Separating Right Now
- Nik Lofgren
- Jul 9
- 8 min read
Divorce is already one of the most disorienting legal processes a person can go through. The paperwork, the timelines, the financial disclosures, the parenting negotiations — all of it unfolding while you are also trying to hold your life together. What makes it harder is when the law itself changes mid-process and no one explains what shifted or why it matters to your specific situation.
The Illinois Marriage and Dissolution of Marriage Act (IMDMA) — the statute that governs every divorce in Illinois — received a meaningful set of amendments that took effect January 1, 2025. They are not sweeping headline changes, but they are surgical and consequential. If you are going through a divorce right now, considering one, or dealing with a post-decree modification, these updates directly affect your options.
Here is what changed, what it means, and where your leverage is.
Change #1: Spousal Maintenance Now Accrues During Incarceration
This one is straightforward, and the practical consequences are significant for both sides.
Under the previous version of the IMDMA (750 ILCS 5/504), spousal maintenance automatically paused when the paying spouse was incarcerated. If your ex went to prison — even for failing to comply with a court order — your maintenance payments simply stopped, and you had no legal mechanism to recover what you lost.
That automatic pause is gone as of January 1, 2025.
What this means now:
Maintenance continues to accrue as a legal debt during the paying spouse's incarceration
All unpaid amounts accumulate as enforceable arrears, collectible after release
Incarceration is no longer treated as automatic grounds for suspension — if the incarcerated party wants relief, they must actively file a petition to modify the order and make their case to the court
If you receive maintenance: you now have a legal right to the amounts that accumulated while your former spouse was imprisoned. Those are real, collectible debts.
If you pay maintenance and are facing incarceration: you cannot assume payments will pause. You need to file a modification petition immediately. The obligation continues whether you can meet it or not, and the arrears will be waiting when you get out.
This change intersects directly with criminal law, which is an area where Lofgren Legal has deep experience on both sides. If you are dealing with a maintenance order and a pending criminal matter simultaneously, the strategy in both cases affects the outcome in each.
Change #2: Courts Can No Longer Impute Income Without a Hearing
"Imputing income" is the court's way of assigning a hypothetical earning figure to a parent who is voluntarily unemployed or underemployed — typically to prevent someone from artificially reducing their child support obligation by choosing not to work.
Courts have always had this power. What changed in 2025 is that the bar for using it is now significantly higher. Under the amended IMDMA, a court cannot impute income unless:
A formal evidentiary hearing is conducted — or both parties agree to the imputed amount in writing
The court issues specific written findings that explain, point by point, why income is being imputed and under what statutory factors
The court has considered local job market conditions, available employers in the parent's field, and prevailing wages in that community
What this means if your co-parent is deliberately underearning: You now have a clearer legal pathway to challenge it — but also a higher evidentiary burden. You will need documentation: employment records in their field, job postings in the area showing available work, and evidence of their prior earnings. This is not something to navigate without preparation.
What this means if income is being imputed to you: The 2025 amendments give you stronger procedural protections. The court cannot assign you an arbitrary income figure without a hearing and written justification. If your current income reflects genuine circumstances — caregiving responsibilities, a health condition, a recent layoff — those factors must now be formally considered before income is imputed.
Change #3: Relocation Distance Is Now Measured by GPS — and the Numbers Are More Nuanced Than You Think
Illinois law requires a parent with majority or equal parenting time to obtain the other parent's consent or court approval before relocating beyond a certain distance. The threshold depends on where you live:
Cook County and all adjacent counties (DuPage, Kane, Lake, McHenry, Will): relocation is triggered if you move more than 25 miles from your current residence
All other Illinois counties: the threshold is 50 miles
That framework is not new. What changed in 2025 is how distance is calculated. Under the amended 750 ILCS 5/609.2, distance is now measured using an internet mapping service, and where multiple routes exist, the shortest route applies. The old "as the crow flies" argument — measuring straight-line distance to stay under the threshold — is gone.
This matters more than it sounds. A parent in Burbank who planned to move somewhere that appears to be 24 miles away on a map may find that the shortest driving route puts the move at 27 miles — triggering relocation requirements and the obligation to provide 60 days' written notice, file with the circuit court clerk, and either obtain the other parent's consent or petition the court.
The 60-day notice requirement is not optional, and failing to provide it properly can be used against you in the relocation hearing.
If you are thinking about relocating: measure the distance by the shortest route on Google Maps before making any decisions — and contact an attorney before providing notice, because the relocation petition, if contested, is litigated under a best-interests-of-the-child analysis where early preparation matters significantly.
Change #4: Parenting Plans Are Now Final Orders — Not Temporary Ones
This is one of the most practically significant changes for people in the middle of a contested divorce.
Under the previous IMDMA, parenting plans and allocation judgments approved before the final divorce decree were considered temporary orders — they could be revisited more freely as the case progressed. Under the 2025 amendments:
Parenting plans and allocation judgments are now treated as final, immediately enforceable orders from the moment they are entered
They can be appealed like other final judgments
If the underlying divorce case is dismissed, however, those parenting plans become void and unenforceable
What this means in practice: if you agree to a parenting arrangement early in the case — during mediation, or in a temporary order hearing — you are agreeing to something with real legal weight, not a placeholder. The provisions you accept at the beginning of the case can and will be used as the baseline for any later modification request, which requires showing a substantial change in circumstances.
Do not treat early parenting negotiations as low-stakes. They are not. Every agreement you make during the process carries forward, and the standard for modifying a final allocation judgment — particularly in the first two years — is high.
What Hasn't Changed: The Framework You Still Need to Navigate
The 2025 amendments are surgical, but the underlying architecture of Illinois divorce law remains the same and is still complex.
Equitable distribution — Illinois is not a community property state. Marital property is divided fairly, not automatically 50/50. The court weighs each spouse's contribution to the marriage, their future earning potential, and the length of the marriage. The distinction between marital and non-marital property — what you brought in, what you inherited, what got commingled — is still one of the most contested issues in high-asset divorces.
Maintenance formula — Illinois uses a specific statutory formula: 33.3% of the paying spouse's net monthly income, minus 25% of the receiving spouse's net monthly income. Duration is tied to the length of the marriage, and marriages of 20 years or more can result in permanent maintenance awards. This formula gives you a starting point, but it does not account for the negotiation that happens around it.
Best Interests of the Child standard — under 750 ILCS 5/602.5, Illinois judges weigh 17 statutory factors when allocating parental responsibilities and parenting time. None of those factors are about which parent is the "better" person in an abstract sense — they are specific, documented, and litigated. The parent with the better-prepared case tends to fare better.
Dissipation of assets — Illinois courts exclude marital misconduct from property division and maintenance decisions. But if a spouse spent marital funds on an affair — vacations, gifts, hotels — that is a separate claim for dissipation of marital assets, and it can be recovered.
The Intersection You May Not Have Considered
A significant portion of the clients who call Lofgren Legal about divorce are also dealing with a related criminal matter — a domestic battery charge, a DUI, a weapons charge, or an order of protection. These proceedings run on parallel tracks, but they intersect in ways that matter.
Statements made in one proceeding can surface in the other. An order of protection entered in a criminal case affects parenting time in the family case. A domestic battery conviction affects the allocation of parental responsibilities and is never eligible for expungement. A pending criminal case can create complications in financial discovery.
Having the same attorney who understands both sides of that intersection — criminal defense and family law — is not just convenient. In some cases, it is strategically essential.
The Bottom Line
The 2025 IMDMA amendments changed real outcomes in Illinois courtrooms. Maintenance obligations that would have paused are now accruing. Income imputation that would have been rubber-stamped now requires a hearing. Relocation moves that appeared legal by old measurement standards may now require court approval. And parenting agreements made early in a case now carry the weight of final orders.
If you are going through a divorce in Cook, DuPage, or Will County — or considering one — these are not abstract legal updates. They are the rules that will govern your case. I offer free, confidential consultations and will give you a direct assessment of where you stand under the law as it exists today.
Serving clients at the Daley Center and the Bridgeview, Wheaton, and Joliet courthouses.
Frequently Asked Questions
Is Illinois a 50/50 state for divorce?
No. Illinois follows equitable distribution under the IMDMA, meaning marital property is divided fairly — but not necessarily equally. The court weighs factors like each spouse's contribution to the marriage, their earning capacity, and the length of the marriage. The outcome depends heavily on how well each party's position is documented and argued.
What is the difference between "parenting time" and "allocation of parental responsibilities"?
Illinois abolished the terms "custody" and "visitation" in 2016. "Allocation of parental responsibilities" refers to decision-making authority — who decides on education, medical care, religion, and extracurricular activities. "Parenting time" refers to when the child is physically with each parent. The two are allocated separately and can be divided in different ways.
Do I need the other parent's permission to move with my child?
If you have majority or equal parenting time and live in Cook County or an adjacent county (DuPage, Kane, Lake, McHenry, or Will), you need the other parent's consent or court approval to move more than 25 miles from your current residence. Distance is now measured by the shortest driving route via GPS — not straight-line distance. Failing to follow the notice and approval process properly can seriously damage your position in a relocation hearing.
Can I get alimony if my spouse cheated?
Illinois courts do not consider marital misconduct when deciding whether to award maintenance or how much to award. However, if your spouse spent marital funds on the affair — hotels, gifts, travel — you may have a claim for dissipation of marital assets, which is a separate and recoverable issue.
How long does a divorce take in Illinois?
An uncontested divorce with no minor children can sometimes be finalized within 60 to 90 days of filing. Contested divorces involving property disputes, parenting allocation, or maintenance claims typically take 12 to 24 months, and complex high-asset cases can take longer. The timeline depends heavily on how cooperative both parties are and the court's docket in your county.
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