Can Either Spouse Request Maintenance Under A Simplified Dissolution?
As a divorce attorney in Schaumburg, I frequently meet couples who wish to end their marriage quickly and efficiently, without incurring unnecessary expenses. Illinois law provides a process called a Simplified Dissolution of Marriage under 750 ILCS 5/452, which is designed for spouses who meet certain qualifications. It is sometimes referred to as a “simple divorce” because it avoids drawn-out disputes about property division or support.
However, this process is not available to everyone. To qualify, the couple must meet specific legal requirements, including having been married less than eight years, having no children together, and owning limited assets. A major condition that surprises many people is that neither spouse can request maintenance (alimony) as part of a simplified dissolution. This restriction is built directly into the statute and is one of the key differences between a simplified dissolution and a standard divorce in Illinois.
When couples come to my office asking whether one spouse can still ask for spousal support, I explain that doing so disqualifies them from the simplified procedure. The reason is simple: a simplified dissolution is only available when both parties agree that no maintenance will be paid now or in the future.
Maintenance Provisions Under The Illinois Marriage And Dissolution Of Marriage Act
Under 750 ILCS 5/504, maintenance (also known as alimony or spousal support) may be awarded by a court when one spouse has a financial need and the other has the ability to pay. The court considers several factors, including:
- The income and property of each spouse
- The needs of each party
- The present and future earning capacity of each spouse
- The standard of living established during the marriage
- The duration of the marriage
- The age, health, and employability of each spouse
When a case qualifies as a simplified dissolution, none of these factors is analyzed because both parties waive their right to maintenance. This means that if you or your spouse believes that one party should receive financial support after the divorce, you must file a regular dissolution of marriage, not a simplified one.
The Legal Effect Of Waiving Maintenance
Under 750 ILCS 5/452(a)(9), both spouses must sign a written agreement waiving any right to maintenance. This waiver is permanent and cannot be undone later. In other words, once you finalize a simplified dissolution, neither you nor your spouse can later return to court asking for alimony.
This can have serious financial consequences, especially for a spouse who may have been financially dependent on the other. I always advise clients to carefully consider whether waiving maintenance makes sense for their specific situation. If there is any question about financial imbalance, it is usually better to pursue a standard divorce, allowing the court to evaluate whether maintenance is appropriate.
When A Simplified Dissolution Is Not The Right Option
The simplified dissolution process is designed for couples who share minimal assets and have already resolved all financial matters. If there is disagreement about property, retirement accounts, or support, it is not the right process.
You cannot file for simplified dissolution if:
- Either spouse is seeking maintenance.
- Either spouse owns real estate.
- The combined marital property exceeds $50,000 in value (excluding vehicles).
- The combined annual income exceeds $60,000, and neither party’s individual income exceeds $30,000.
These limits are strict and enforced by the court. If your financial circumstances exceed these thresholds or you want to request maintenance, your attorney can help you file a standard dissolution of marriage under 750 ILCS 5/401, where all financial issues, including maintenance, can be considered by the judge.
Why Maintenance Matters Even In Shorter Marriages
Although simplified dissolutions are typically for shorter marriages, maintenance can still be relevant. For instance, if one spouse left a job to support the other’s career or education, or if health issues prevent one spouse from working, maintenance may provide essential financial stability during the transition.
By choosing a simplified dissolution, you give up that right completely. I make sure my clients understand that this waiver cannot be reversed later, even if circumstances change. The court will not reopen the case to award maintenance after a simplified dissolution is finalized.
How I Help Clients Determine The Right Path
When clients come to the Law Office of Fedor Kozlov, I personally review their financial circumstances and explain their options under Illinois law. My goal is to ensure that both parties fully understand the consequences of waiving maintenance. If maintenance could be an issue, I would prepare a full dissolution petition so that the court can evaluate it properly.
I also assist couples who qualify for simplified dissolution in completing the process correctly—ensuring that all documents are filed accurately and that the required affidavits and waivers meet the statutory requirements under 750 ILCS 5/452(b).
Frequently Asked Questions About Simplified Dissolution And Maintenance
Can Either Spouse Request Maintenance During A Simplified Dissolution In Illinois?
No. Under 750 ILCS 5/452(a)(9), both parties must agree that neither will receive maintenance now or in the future. This is one of the mandatory conditions for using the simplified procedure. If one spouse wants maintenance, the couple must file a standard divorce.
Can We Change Our Mind After Waiving Maintenance In A Simplified Dissolution?
No. Once the divorce is finalized, the waiver is permanent. Illinois law does not allow either party to modify or reopen a simplified dissolution to request maintenance later. This is why it is critical to understand the long-term implications before signing.
What If My Spouse Promised To Pay Support Outside The Simplified Divorce Agreement?
Any informal or verbal promises made outside the court record are unenforceable. Only written agreements included in the dissolution decree carry legal weight. If support is a concern, the proper route is to file a regular divorce petition under 750 ILCS 5/401 and include maintenance terms.
Does The Length Of The Marriage Affect Eligibility For Maintenance?
Yes. For marriages longer than eight years, couples generally cannot use the simplified dissolution process. However, in a regular divorce, the length of the marriage directly influences the amount and duration of maintenance under 750 ILCS 5/504(b-1).
If We Qualify For Simplified Dissolution, Do We Need Separate Attorneys?
While not required, it is highly recommended. Even when the process is amicable, each spouse should understand the financial and legal consequences of the waiver. I often review paperwork for one spouse to ensure the waiver and financial affidavits comply with Illinois law.
Can We File A Simplified Dissolution Without Going To Court?
No. You must still file the documents in court and appear briefly before a judge. The judge will confirm that both parties understand and voluntarily agree to the maintenance waiver and other terms.
Is A Simplified Dissolution Faster Than A Regular Divorce?
Yes, typically. Since there are no disputes regarding property, debt, or maintenance, the case can be finalized in weeks rather than months. Still, both parties must ensure they meet all statutory qualifications before filing.
Can Maintenance Be Agreed Upon Privately After Simplified Dissolution?
No. Once maintenance is waived and the case is finalized, neither spouse can create a new, enforceable maintenance agreement tied to the marriage. Any later financial arrangement would be considered a private contract unrelated to divorce law.
Call The Law Office Of Fedor Kozlov For A Consultation
If you are considering a simplified dissolution in Schaumburg or the greater Chicago area, it is essential to understand what rights you are giving up, especially your right to maintenance. I can review your circumstances, explain Illinois divorce laws under 750 ILCS 5/452 and 5/504, and help you determine whether this procedure aligns with your financial situation.
Contact our Chicago divorce attorney at the Law Office of Fedor by calling (847) 241-1299 to schedule a consultation. My firm represents clients in Schaumburg and throughout the Chicago metropolitan area, guiding them through every step of the Illinois divorce process with care, precision, and clear legal insight.
