2025 Changes to the Illinois Marriage and Dissolution of Marriage Act

 Posted on June 20, 2025 in Family Law

Getting through a divorce in Illinois can be complicated and overwhelming. If you are initiating divorce or considering the modification of post-decree matters, understanding the most recent changes to the Illinois Marriage and Dissolution of Marriage Act is important. The laws that govern spousal maintenance, child support, parental responsibilities, and relocation were updated in 2025 and could directly impact your case. An experienced Illinois divorce attorney can help you make sense of these rules, protecting your rights through every step of the legal process.

Changes to Spousal Maintenance in Illinois

As of January 2025, Illinois no longer allows spousal maintenance, commonly known as alimony, to be paused because the paying spouse is incarcerated. Changes to statute 750 ILCS 5/504 of the Illinois Marriage and Dissolution of Marriage Act removed language stating that no support would accrue while a party is imprisoned. This change closes a legal loophole that previously allowed some payors to avoid building up back payments when serving time. However, in some cases, the court may find a compelling reason to suspend or modify payments.

Changes Related to Custody in Illinois

Previously, if a parental responsibilities judgment, also known as a custody order, was entered before the final divorce decree, it could be treated as non-binding or temporary. The 2025 changes to the Marriage Act clarify that these parenting plans are final orders, meaning they are immediately enforceable and appealable. However, if the underlying divorce or parentage case is dismissed, the parenting plan is voided.

Parental relocation was also impacted by the amendments. Under the updated statute 750 ILCS 5/609.2, courts now measure relocation distance based on the shortest surface-road route instead of a straight-line distance or other methods. This matters for parents with court-ordered parenting time, commonly known as visitation, who want to move with their child. The number of miles did not change. Residents of Cook, DuPage, Kane, McHenry, and Will counties need court approval to move further than 25 miles. For all other counties, the limit is 50 miles.

Confidentiality Changes for Court-Ordered Therapy During Divorce in Illinois

Previously, when a court ordered a parent or child to attend therapy or counseling, the assumption was that the sessions were entirely confidential under any circumstances. The recent amendment states that those sessions are now governed by the confidentiality standards under the Health Insurance Portability and Accountability Act (HIPAA) and the Mental Health and Developmental Disabilities Confidentiality Act. This means that conversations from court-ordered therapy sessions could be considered by the court. Families ordered to participate in these sessions should be aware of this change.

Meet With an Arlington Heights, IL Divorce Attorney

If you are facing divorce or legal matters related to child custody in Illinois, understanding the latest legal changes is an important part of the process. Being well-informed can directly affect the outcome of your case. The 2025 updates to Illinois family law can impact your options and obligations. The experienced Arlington Heights divorce lawyers at A. Traub & Associates can help you navigate these changes with clarity. Call 847-749-4182 today to schedule your initial consultation.