What Is Included in an Illinois Divorce Decree?

 Posted on July 30, 2025 in Divorce

A divorce decree is more than a final stamp on the end of a marriage. In Illinois, this court-issued document contains the specific terms that will shape your financial life, your parenting responsibilities, and your future legal obligations. For many people, the contents of that decree are the single most important legal outcome of their divorce. Yet too many spouses sign without fully understanding what they are agreeing to or what might happen if the agreement breaks down.

As of July 2025, the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) governs all divorce decrees across the state. That law gives courts broad authority to decide how to divide property, assign parenting time, and order support. It also allows spouses, through settlement or mediation, to craft tailored agreements that the court can approve. Whether you go to trial or reach an agreement outside of court, the result will be a final judgment that binds both parties.

If you are ready to move forward with divorce – especially if you are ready to sign a settlement you negotiated with your spouse – talk to a Kane County, IL divorce attorney before you sign anything. Much of your future may depend on it.

First Things First: A Divorce Decree Is Legally Binding

A divorce decree — also called a Judgment for Dissolution of Marriage — is not a casual document. It is a formal legal order entered by the court that ends your marriage and sets up your post-divorce obligations. It may include terms you and your spouse agreed to during mediation or negotiation, or it may contain orders from a judge following litigation.

Once the decree is signed by the judge and entered into the court record, it becomes enforceable under Illinois law. If your former spouse violates the decree — for example, by failing to pay child support or refusing to follow the parenting plan — you can return to court to ask for enforcement. On the other hand, if you later regret agreeing to a term, you may have limited ability to change it without showing a significant change in circumstances.

Property Division in a Divorce: Who Gets What?

The section of the decree that outlines property division is often the most detailed and financially significant. Illinois law uses a principle called "equitable distribution," which means the court divides marital property in a way that is fair, though not necessarily equal. This is spelled out in 750 ILCS 5/503.

Marital property generally includes anything acquired during the marriage, regardless of whose name is on the title. This includes the family home, bank accounts, retirement accounts, vehicles, business interests, and even frequent flyer miles or collectibles. Debts, including credit card balances, car loans, and mortgages, are also divided equitably.

Non-marital property, which is typically property acquired before the marriage or through inheritance or gift, is not divided. However, proving that an asset is non-marital often requires documentation and clear financial tracing. The decree must list all assets and debts and indicate which spouse receives what. Vague language or unclear assignments can create major problems years later.

Spousal Maintenance: Whether and How Long Someone Will Pay It

Spousal maintenance, sometimes called alimony, is addressed under 750 ILCS 5/504. This section of the decree determines whether one spouse must make ongoing payments to the other and, if so, for how long and in what amount.

Maintenance is not automatic in Illinois. The court considers factors such as the length of the marriage, the standard of living during the marriage, each spouse’s income and earning potential, and whether one spouse sacrificed career opportunities to support the household. In many cases, especially those involving long-term marriages or a large income gap, maintenance will be awarded temporarily or indefinitely.

The decree must include specific payment amounts, due dates, duration, and terms for modification or termination. For example, many decrees include clauses stating that maintenance ends if the receiving spouse remarries or cohabitates with a new partner. Without clear terms, disputes can arise quickly.

Allocation of Parental Responsibilities: Who Makes Important Decisions?

In Illinois, the term "custody" is no longer used. Instead, the law distinguishes between the allocation of parental responsibilities and parenting time. Under 750 ILCS 5/602.5, the decree must explain which parent has the authority to make major decisions about the child’s education, healthcare, religion, and extracurricular activities.

The court may assign these responsibilities jointly, meaning both parents must agree, or individually, meaning one parent has final authority. The decision must be based on the best interests of the child. Judges favor shared decision-making when possible, unless there is evidence of conflict, abuse, or an inability to cooperate.

Parenting Time: Where the Child Lives and When

Parenting time is addressed under 750 ILCS 5/602.7. The decree must lay out a detailed schedule specifying where the child will live and when each parent has the right to spend time with the child. This includes regular weekdays, weekends, holidays, school breaks, and vacations.

While parents can propose their own schedule through mediation or negotiation, the court must review and approve any plan to ensure it meets the child’s needs. Vague agreements like "reasonable parenting time" often lead to conflict and should be avoided. The decree should be detailed enough to avoid confusion but flexible enough to adapt to a growing child’s needs.

Child Support and Related Expenses

Child support is governed by 750 ILCS 5/505, which uses an income-sharing model to determine how much support should be paid. The formula takes into account both parents’ incomes, the number of children, and the amount of parenting time each parent has.

In addition to basic support, the decree should specify how parents will divide other expenses, such as health insurance, out-of-pocket medical costs, daycare, education, and extracurricular activities. These details are critical for avoiding disagreements later.

The decree must also include payment instructions, such as whether payments are made directly or through the Illinois State Disbursement Unit. Failing to follow these rules can result in wage garnishment, interest charges, and enforcement actions.

Contact a Kane County, IL Divorce Attorney

Your divorce decree will define your financial future, your time with your children, and your legal rights for years to come. If you are going through a divorce, make sure you have a skilled attorney who will protect your interests at every stage of the process. Call a knowledgeable Geneva, IL divorce lawyer at The Law Office of Matthew M. Williams, P.C. today at 630-409-8184 to discuss your situation and get the guidance you need.