Can You Collect Unpaid Alimony in Illinois?

 Posted on September 08, 2026 in Alimony

Alimony, known as spousal support or maintenance in Illinois, can be an important source of income after a divorce. Missing even a few payments can make it harder to keep up with regular expenses, especially when you planned a budget around the amount ordered by the court.

Illinois law gives you ways to collect unpaid spousal support. Past-due maintenance can be enforced as a judgment, and unpaid amounts can also accrue interest. If your ex has stopped making payments in 2026, a Wheaton, IL alimony attorney can help you determine how much is owed and ask the court to enforce the order.

What Happens When Your Ex Stops Paying Alimony in Illinois?

A court-ordered maintenance payment becomes enforceable when it comes due. According to 750 ILCS 5/504, each required maintenance installment is treated as a judgment against the person who owes it.

This means your former spouse cannot simply decide to pay less or stop paying because their financial situation has changed. The existing order remains in effect unless the court modifies or terminates it.

Keeping accurate records can make an enforcement case easier. Payment records and copies of communications about missed payments also help show when payments stopped and how much remains unpaid.

How Can You Enforce Unpaid Alimony in Illinois?

A person who is owed maintenance can return to court to enforce the existing order. The court will determine the amount of unpaid maintenance and, depending on the situation, enforcement may involve:

• Seeking a court judgment for the unpaid amount
• Asking the court to find the nonpaying spouse in contempt for failing to follow the order
• Using income withholding to collect maintenance or an arrearage from the paying spouse's income
• Enforcing a lien against property when maintenance remains overdue

A contempt proceeding is possible when a former spouse could follow the order but failed to do so. The court will consider the reason payments were missed before deciding whether contempt is appropriate.

Illinois law can also require a person who failed to comply with a court order, without a compelling reason, to pay the other party's attorney's fees and costs for the enforcement proceeding.

Does Interest Accrue on Unpaid Alimony in Illinois?

Unpaid maintenance accrues simple interest under Illinois law. This means the amount a former spouse ultimately owes can be higher than the total of the missed payments alone. The law also treats each installment as a judgment from the date that payment becomes due.

Calculating an arrearage can become more complicated when payments have been inconsistent. For example, suppose a former spouse paid the correct amount for several months, skipped two payments, and then started sending partial payments. That situation requires careful calculation. An attorney can review the payment history and determine the amount that should be requested through an enforcement action.

Can Your Ex Change Alimony in Illinois After Missing Payments?

Filing for a modification does not erase maintenance payments that were already due before proper notice of the request to modify the order. Under 750 ILCS 5/510, maintenance can only be changed for payments due after the other party gets proper notice that someone has filed a motion to modify it.

A paying spouse who loses a job can ask the court to modify maintenance. However, simply stopping payments without notice is different. Until the court changes the obligation, the existing maintenance order remains enforceable.

If your former spouse has filed for a modification after falling behind, review the dates carefully. The timing of the missed payments and the modification request affect which payments remain enforceable under the existing order.

Contact a Wheaton, IL Alimony Attorney About Unpaid Maintenance

Falling behind on alimony can create financial stress long after a divorce is finished. You do not have to rely on repeated requests to your former spouse when a court order requires payment.

Attorney Alex Fawell brings 10 years of legal experience to Illinois family law matters. He takes a practical, results-oriented approach to helping clients address post-divorce disputes.

Contact a DuPage County, IL alimony lawyer at Fawell & Fawell to discuss unpaid maintenance and your options for enforcing your court order. Call 630-871-2400 today to schedule your free consultation.