Do I Still Have to Pay Alimony in Illinois if My Spouse Cheated on Me?

 Posted on January 26, 2026 in Alimony

When you discover your spouse has been unfaithful, it can feel deeply unfair to think you might still have to pay them alimony, also called spousal support. After all, they broke their marriage vows. You might believe the courts would punish them for their actions by denying them alimony. Unfortunately, the reality is more complicated.

If you are going through a divorce and want to know how cheating affects alimony in 2026, a Wheaton, IL divorce attorney can explain your specific situation.

Does Cheating Affect Alimony in Illinois?

The short answer is no. Under 750 ILCS 5/504, courts award maintenance "without regard to marital misconduct." This means that adultery, abandonment, or other types of bad behavior during the marriage do not prevent a spouse from receiving alimony.

Illinois is a "no-fault" divorce state. When couples file for divorce, they do not need to prove that one spouse did something wrong. The only grounds for divorce are "irreconcilable differences." This no-fault approach extends to spousal support, or maintenance, decisions. The courts focus on financial need and ability to pay, not on who was at fault for the marriage ending.

This can feel unfair when you are the one who was hurt by your spouse's actions. However, Illinois lawmakers decided that making divorce finances dependent on who’s fault the divorce is would create more conflict and make divorces more expensive and difficult for everyone involved.

What Factors Do Illinois Courts Actually Consider When Deciding Alimony?

Since adultery does not affect maintenance awards, what does matter? Courts look at:

• The income and property of each spouse.

• The needs of each spouse.

• The present and future earning ability of each spouse.

• Whether the spouse who wants maintenance gave up career opportunities or education because of the marriage (i.e., stay-at-home parents).

• The time needed for the spouse seeking maintenance to get education or training for employment.

• The standard of living during the marriage.

• How long the marriage lasted.

• The age and health of each spouse.

Is There Any Kind of Compensation I Can Get for My Spouse Cheating on Me?

Illinois does not allow you to sue your spouse or their affair partner for emotional damages from the affair. Some states have laws that let you file claims like this, but Illinois is not one of them.

You may, however, be able to recover money your spouse spent on the affair. This is called "dissipation of marital assets," and it has to do with property division. Dissipation happens when one spouse wastes or uses marital property for their own benefit and not to help the marriage. If your spouse spent a lot of your combined money on their affair, the court can give you back that money from your spouse's share of the marital estate.

Examples of dissipation related to an affair might include:

• Paying for hotel rooms or trips with the other person.

• Buying expensive gifts for the other person.

• Paying rent or bills for the other person.

• Taking the other person out to expensive restaurants.

• Paying for the other person’s children.

If you can prove your spouse used marital assets, the court can reimburse you from your spouse's share of the marital property. However, you need solid documentation. Save credit card statements, bank records, receipts, and any other evidence showing what your spouse spent and when.

Call a DuPage County Divorce Lawyer Today

Learning that your spouse cheated can be devastating, and the legal stance on alimony can feel frustrating. While Illinois law does not punish unfaithful spouses by withholding money, you should still make sure you protect your financial interests during divorce.

At Fawell & Fawell, we take a practical, results-oriented approach to divorce cases. Attorney Alex Fawell has 10 years of legal experience and served as a federal judicial clerk for the Honorable John Darrah. If you are facing divorce in 2026, our Wheaton, IL spousal support lawyer can help you understand your options. We believe your family is our priority. Call 630-871-2400 today to schedule your free consultation.