Category: Divorce
2.10.26
Category: Divorce
Written by Zoé Lemon on 7.20.25
Divorce is never simple, but it becomes significantly more complex when high net worth assets and spousal maintenance, formerly known as alimony, are involved. A question we frequently hear from clients in these situations is:
The answer, under Illinois law, is: It depends—but in many cases, yes. Even if your former spouse isn’t receiving a paycheck, you may still be entitled to maintenance, particularly if they have access to substantial assets or investment income.
In this post, we break down how Illinois courts address this issue, drawing from state statutes and the instructive appellate case of In re Marriage of Durchslag, a key ruling on the intersection of wealth and maintenance obligations.
Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/504), spousal maintenance is awarded based on a number of statutory factors—not simply on whether a spouse is currently employed.
Key Factors Considered:
Importantly, Illinois courts have the discretion to award maintenance even when the paying spouse is unemployed, as long as other resources are available or income can be reasonably imputed.
When a paying spouse is unemployed, the court conducts a broader analysis beyond current income.
In high asset divorces, there are several additional dynamics at play:
Unemployed individuals may still have access to:
Each of these can factor into the maintenance equation.
Courts will often look at spending patterns, credit card statements, and lifestyle evidence to determine whether a party is truly struggling or simply manipulating income to avoid payments.
In high net worth divorces, it’s common to bring in forensic accountants to evaluate hidden income, asset transfers, or undervalued business entities. This is especially important when the paying spouse claims to be unemployed.
When a spouse has a high net worth or large earning capacity the court will look at the succession of jobs, gross annual income, and whether the party is willfully or contumaciously under or unemployed.
The Illinois Appellate Court’s decision In re Marriage of Durchslag, 2024 WL 1075099 (Ill.App. 2 Dist.), March 12, 2024 offers valuable insight into how courts treat maintenance in cases involving wealthy but unemployed individuals.
In Durchslag, a trial court in 2015 entered a judgement awarding Wife two-thirds of a marital estate and indefinite maintenance. Wife, previously employed in marketing, made significant earnings but had gone completely deaf during the marriage, limiting her chances of employment.
The husband claimed he was unemployed and had minimal income after the dissolution of marriage. The trial court ruled that maintenance could be reserved until the Husband found employment. Shortly after, Husband secured employment and then lost employment again. However, the court reasoned his gross annual income while employed was enough to support his previous maintenance obligation. Husband appealed, claiming that there had been a substantial change in circumstances because he was again unemployed and had gone through his assets.
The Appellate upheld the lower court’s ruling, they reasoned that the husband voluntarily changed his circumstances and depleted assets with investments that he expected little to no return.
The Courts ruling affirms that a high earning capacity and access to resources are sufficient to justify support obligations. Formal employment is not a prerequisite for maintenance to be ordered, further, willful unemployment or under employment will not absolve you of maintenance either.
For unmarried parents, the Illinois Parentage Act (750 ILCS 45) governs child-related financial obligations. While this statute doesn’t allow for spousal maintenance, it does provide for child support, which can be calculated based on:
Illinois courts may apply the same principles of imputed income and asset-based support when setting child support for wealthy but non-working parents.
High asset divorce often involves complex financial dynamics that go far beyond W-2 forms:
Forensic Accounting
Hidden income, deferred compensation, and layered business entities are common in high-net-worth cases. In many situations, forensic accountants are brought in to uncover and properly value these financial components.
Lifestyle Evidence
Courts may review lifestyle indicators—luxury spending, travel, property ownership, and credit card statements—to determine whether a party has more financial means than claimed.
Business Ownership
Even if a business owner draws little or no salary, the value of the business and its retained earnings may be used to justify a maintenance award.
If your ex-spouse is unemployed but owns significant assets, or has the ability to earn income, you may still be entitled to maintenance under Illinois law. Courts do not allow wealthy individuals to avoid their obligations simply by opting out of traditional employment.
Whether you’re pursuing or defending against a maintenance claim, especially in a high net worth divorce, experienced legal guidance is critical.
At O. Long Law, LLC our experienced Illinois divorce attorneys handle complex, high asset divorce cases involving financial assessment & long-term planning, spousal maintenance disputes, and post-divorce support modifications.
We are skilled at presenting clear evidence to the court and advocating for a fair outcome. If you need assistance pursuing future and current support needs, please Contact O. Long Law, LLC to schedule a confidential consultation.