One of the most common questions people ask during a divorce is whether the length of their marriage matters. The answer is yes—but perhaps not in the way many people expect.
Illinois law does not automatically award more property or greater financial support simply because a couple has been married for a certain number of years. Instead, the duration of the marriage is one of several factors courts consider when making decisions about spousal maintenance, dividing marital property, and resolving other financial issues. In longer marriages, the financial lives of the spouses are often more intertwined, making the divorce process more complex.
Whether you have been married for three years or thirty years, understanding how the length of your marriage may affect your divorce can help you prepare for the legal and financial decisions ahead.
Illinois does not classify divorces as “short-term” or “long-term” marriages under a specific number of years. Instead, judges evaluate each case individually.
The duration of the marriage is one of many statutory factors considered throughout the divorce process. While a longer marriage may influence certain decisions, it does not automatically determine the outcome of your case.
For example, a five-year marriage involving significant marital assets may require more complex financial analysis than a twenty-year marriage with relatively few assets. Likewise, a lengthy marriage does not guarantee that one spouse will receive maintenance or a larger share of the marital estate.
Every divorce is decided based on its own facts and the factors outlined in the Illinois Marriage and Dissolution of Marriage Act.
The length of the marriage is often most significant when the court considers whether to award spousal maintenance, formerly known as alimony.
Maintenance is intended to reduce unfair financial hardship when one spouse has a substantially greater ability to support themselves after the divorce than the other. Before awarding maintenance, the court evaluates numerous statutory factors, including:
Illinois law contains advisory maintenance guidelines that use the length of the marriage to calculate the recommended duration of maintenance when the parties’ incomes fall within the statutory guidelines.
As the length of the marriage increases, the recommended duration of maintenance generally increases as well. In marriages lasting 20 years or more, the court has discretion to order maintenance for a period equal to the length of the marriage or, in appropriate cases, indefinitely.
That does not mean maintenance is automatic. The court must first determine whether maintenance is appropriate based on the parties’ financial circumstances.
A relatively brief marriage does not automatically prevent a maintenance award.
For example, maintenance may still be appropriate if one spouse left the workforce to support the family, experienced health issues affecting employment, or significantly contributed to the other spouse’s career or education.
Conversely, even after a lengthy marriage, maintenance may not be awarded if both spouses have comparable incomes and financial resources.
Illinois follows the principle of equitable distribution when dividing marital property.
Equitable does not necessarily mean equal. Instead, the court seeks a division that is fair after considering the circumstances of the marriage.
Among the statutory factors the court considers is the duration of the marriage. (750 ILCS 5/503)
As marriages continue over many years, couples frequently accumulate a greater variety of marital assets, including:
Longer marriages also tend to involve greater commingling of finances, making it more difficult to distinguish marital property from non-marital property.
As a result, property division in long-term marriages often requires more detailed financial analysis.
Illinois courts recognize that spouses contribute to a marriage in different ways.
One spouse may have earned most of the family’s income while the other focused primarily on raising children, maintaining the household, or supporting the family’s overall financial stability.
The law values both financial and non-financial contributions when dividing marital property.
For that reason, a spouse who spent years caring for children or supporting the household should not assume they are entitled to less property simply because they earned less income during the marriage.
The longer a marriage lasts, the more likely it is that retirement savings will represent a substantial portion of the marital estate.
Illinois courts frequently address issues involving:
Marital portions of these accounts are often divided during divorce, and certain transfers may require a Qualified Domestic Relations Order (QDRO) or similar court order.
Because retirement assets may have significant tax implications, they should be evaluated carefully before any settlement is finalized.
Property division involves more than distributing assets. The court must also allocate responsibility for marital debts.
These may include:
Illinois does not simply divide debt equally. Instead, the court considers what allocation is equitable under the circumstances, including each spouse’s financial resources and the purpose for which the debt was incurred.
In longer marriages, accumulated debt may become a significant part of the overall property division.
Many parents assume that the length of the marriage affects decisions involving children. In reality, Illinois courts decide issues involving parental responsibilities and parenting time based on the child’s best interests—not the length of the marriage.
Whether the parents were married for two years or twenty-five years, the court focuses on factors such as:
While a longer marriage may involve more established parenting routines, the duration of the marriage itself is generally not a deciding factor.
As the years pass, couples often develop increasingly complicated financial situations.
Long-term marriages may involve:
These assets frequently require business valuations, financial experts, or forensic accountants to determine their value before they can be divided fairly.
Although the duration of a marriage is an important consideration, no two divorces are exactly alike.
Two couples married for the same number of years may receive very different outcomes depending on their finances, earning capacities, health, parenting arrangements, and future needs.
For that reason, it is important to avoid relying on generalized assumptions about what “usually happens” in a divorce. Illinois judges evaluate the specific facts of each case rather than applying automatic formulas to property division or maintenance.
No. The court considers many factors in addition to the duration of the marriage, including each spouse’s income, earning capacity, financial resources, health, and future needs.
Not necessarily. Illinois follows equitable distribution, meaning property is divided fairly based on the statutory factors rather than automatically being divided equally.
In some circumstances, yes. Separate property may become partially or entirely marital property if it is commingled with marital assets or otherwise treated as marital property during the marriage.
No. Illinois calculates child support using the Income Shares Model, which primarily considers the parents’ incomes, parenting time in applicable cases, and certain child-related expenses—not the duration of the marriage.
Whether you have been married for only a few years or have shared decades together, the financial consequences of divorce can be significant. Understanding how the length of your marriage may affect maintenance, property division, retirement assets, and other financial issues is an important part of protecting your future.
At Gordon & Perlut, LLC, we represent clients throughout Chicago, Skokie, Cook County, and the surrounding communities in all types of divorce and family law matters. Our attorneys provide practical guidance tailored to your unique circumstances and work to achieve fair resolutions through negotiation or litigation when necessary.
If you are considering divorce or have questions about your rights under Illinois law, contact Gordon & Perlut, LLC at our Chicago office at 312-360-0250 or call our Skokie office at 847-329-0101
This article is intended for general informational purposes and does not constitute legal advice for any individual case.
