Monthly Archives: March 2026
No-Fault Divorce in Dupage County, Illinois
At a Glance
In Illinois, divorce is strictly “no-fault,” meaning marital misconduct—such as adultery or “bad behavior”—has no legal impact on the division of assets or the awarding of maintenance (alimony). Courts prioritize financial data over moral conduct when finalizing a decree.
Key Takeaways for Asset Division & Maintenance:
Behavior vs. Bottom Line: Infidelity or betrayal does not entitle a spouse to a larger share of the marital estate or a reduction in alimony obligations.
Maintenance (Alimony) Rules: A higher-earning spouse may still be required to pay maintenance to a lower-earning spouse, even if that spouse’s behavior caused the breakdown of the marriage.
What Actually Matters: Illinois courts decide financial outcomes based on the earning ability of both parties, not their actions during the marriage.
Primary Factors Considered:
Current Income & Work History: Stability and total earnings of each spouse.
Education & Vocational Skills: The ability of a spouse to support themselves post-divorce.
Age & Health: Physical and mental factors that may limit future earning potential.
Legal Reality in 2026: While “no-fault” can feel unfair emotionally, it is designed to simplify litigation. Judges in DuPage County focus on objective financial facts, which are easier to verify and prove than the subjective details of marital fault.
Illinois is a “no fault” state when it comes to divorce. What exactly does this mean? Well, it means that even if your husband cheats on you, he’ll probably get half of your assets. That’s right, “no fault” means that the division of assets and debts between spouses is not affected by either spouse’s bad behavior. Moreover, maintenance, formerly called “alimony,” is also not affected by fault. Thus, if a wife cheats on her husband, and his earning ability is much higher than hers, he’ll be paying maintenance to her even though her behavior might have caused the divorce. The only real facts that affect division of assets and debts, and maintenance, are those facts concerning the earning ability of both parties. This includes health, age, education, work history, current income, etc.; facts that are much easier for a court to determine than who is at fault in the divorce.