What Are the Recent Changes to Divorce Law in Illinois?
There are several recent changes to the divorce law in Illinois. These changes include altered incarceration rules. There are also new rules surrounding spousal support, child support, and custody orders.
Our law firm’s divorce lawyers in Gurnee could tell you more about how updates to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) could affect your divorce settlement. We could help you remain proactive in protecting your rights. We serve clients throughout Lake County.
Changes to Incarceration Rules Could Affect Spousal Support
Recent amendments to the IMDMA took effect in 2025. They include several changes to the law’s incarceration rules. These changes could alter spousal support and child support.
The amendment removes language stating that spousal support cannot accrue (i.e., build up over time) when a party is incarcerated. Now, spouses can collect unpaid support that has accumulated as debt during their former partner’s imprisonment.
We could help you determine if changes to the law could increase the amount of support owed to you.
The Courts Have New Directions for Imputing Income for Child Support
When a court “imputes” income, it assigns an earning capacity to a party that is underemployed or unemployed. Imputing income allows the court to base child support on what a party should be making. The court bases this amount on education, skills, and employment history.
The court can still impute income, but judges must hold an evidentiary hearing first. This hearing is not necessary if the parties agree on the imputed amount.
The amended law also states that incarceration is no longer viewed as “voluntary” unemployment. This change could lead to modifications to child support amounts while the party is in jail or prison.
Custody and Parenting Orders Are Now Final Before the Divorce Decree
Before the amendments to the IMDMA went into effect, custody judgments and parenting plans approved before the final divorce decree were temporary. Now, they are final orders and are immediately effective and enforceable. They can also be appealed like other final judgments.
If the divorce or custody case is dismissed, the custody and parenting agreements tied to the case are no longer binding.
Mileage Rules for Custody Have Been Updated
If a parent wants to relocate with a child further than 50 miles away (25 miles in Chicago and the surrounding counties), they must seek the other parent’s consent or court approval.
Updates to the law require the use of online mapping services to calculate distance for relocation. If there are alternative routes, the shortest route applies.
Confidentiality Rules for Counseling Have Changed
The amended IMDMA applies the Mental Health and Developmental Disabilities Confidentiality Act and the federal Health Insurance Portability and Accountability Act (HIPAA) to court-ordered counseling. Under HIPAA, things said in counseling are private, but not necessarily confidential for legal purposes.
If the court orders you to undergo counseling, it is important that you note this change and understand that what you say could be used in litigation.
Contact Gravel & Wechter for Guidance on Recent Changes to Illinois’ Divorce Law
Divorce law in Illinois is complex, and recent changes could make things even more challenging to understand. If you are seeking a divorce or modification of existing spousal or child support orders, we could tell you more about how amendments to the IMDMA could affect you.
Our law firm has over 25 years of family law experience. Contact us today to learn more about how we could assist you. Our divorce attorneys serve clients throughout Lake County from offices conveniently located in Gurnee.