Can I Challenge an Alimony Petition in Illinois?

 Posted on August 28, 2025 in Alimony

Alimony, also known as spousal support, can be a sensitive subject during your divorce. For one reason or another, you may object to the idea of making routine payments to your ex-spouse. In order to challenge your ex’s alimony petition, you should strongly consider seeking legal representation from a Joliet, IL divorce lawyer.

At the Law Offices of Tedone and Morton, P.C., our attorneys can provide you with personalized service to protect your rights during the divorce proceedings. Our team of litigators with over a century of combined experience will take the time to understand your situation so that we can more effectively advocate for you in court.

How Do Illinois Courts Decide if Alimony Is Appropriate?

When a spouse requests alimony during the divorce proceedings, the judge will take different factors into account before making a final decision (750 ILCS 5/504). In particular, the court will prioritize what is "just and equitable" for all parties involved. At the Law Offices of Tedone and Morton, P.C., we can make a case for a fair outcome on your behalf, considering your own financial situation and needs.

It is worth noting that the presence of marital misconduct will not affect an alimony petition one way or the other, according to Illinois law. For example, if your spouse committed adultery, it will not influence the judge’s decision on whether or not alimony is warranted. 

What if I Cannot Afford to Pay Alimony?

A divorce can put a significant strain on your finances. Even if you make more than your spouse, it may not be reasonable to ask you to pay spousal support if you feel as though you can hardly support yourself. 

You may be able to contest a petition for alimony based on your financial circumstances. When considering whether or not to award alimony to your spouse, the court may consider, among other factors:

• The needs of each party

• The realistic present and future earning capacity of each party

• All sources of public and private income

Citing financial difficulties will not immediately disqualify you from being ordered to pay alimony. However, your financial situation is a relevant factor that could influence the final decision.

Other Ways to Challenge an Alimony Petition in Illinois

The court will weigh other factors to decide if an award of spousal support is just and appropriate, some of which could help your case. We could help you dispute an alimony award based on:

• The length of the marriage: If you were married for a relatively short period, it could impact your spouse’s chances of obtaining alimony.

• No impairment of earning capacity: If your spouse worked throughout the marriage and can attain a comparable standard of living after the divorce, you could argue that alimony is not needed. 

• The division of marital property: If your spouse already received significant assets from your marital estate, you could suggest that he or she already has the financial resources to become self-supporting.

Contact a Will County, IL Family Law Attorney

At the Law Offices of Tedone and Morton, P.C., we are here to support you through an intense alimony dispute. To schedule a free consultation with one of our Joliet, IL divorce lawyers today, call our offices at 815-666-1285.