How is Spousal Maintenance Determined in Illinois?

 Posted on August 28, 2024 in Divorce

Divorce often brings financial uncertainty, and one of the most common concerns is spousal maintenance, commonly called alimony. If you are facing divorce, you might be wondering: Will I have to pay spousal maintenance? Am I eligible to receive it? How much will be involved? An Illinois lawyer can help you with the critical questions that can significantly impact your financial future.

Overview of Spousal Maintenance

Spousal maintenance is financial support paid by one spouse to the other after and during a divorce. Its purpose is to help the receiving spouse maintain a similar standard of living to what he or she had during the marriage. In Illinois, maintenance is not automatic. Courts consider various factors to decide if maintenance is appropriate and, if so, how much should be paid and for how long.

Factors Considered by Illinois Courts When Determining Spousal Maintenance

Illinois law provides specific guidelines for judges to follow when determining spousal maintenance. Here are the main factors courts consider:

• Income and property of each spouse

• Needs of each spouse

• Any impairment to earning capacity due to domestic duties

• The time needed for the receiving spouse to gain education or training for employment

• Standard of living during the marriage

• Length of the marriage

• Age and health of both spouses

• Contributions of each spouse to the other’s education or career

• Valid agreements between the spouses

For example, if one spouse left his or her career to raise children while the other advanced in his or her profession, the court might award maintenance to the stay-at-home parent to help him or her transition back into the workforce.

How Are Spousal Maintenance Payments Calculated? 

If the court decides that maintenance is appropriate, it uses a formula to calculate payment amount and duration. This formula applies to couples with a combined gross income under $500,000 who are not supporting children or spouses from previous marriages. The basic formula is:

• Amount: 33.3 percent of the payer’s net income minus 25 percent of the recipient’s net income

• Duration: Based on the length of the marriage, the duration of payments can range from 20 percent of the marriage’s duration for marriages lasting zero to five years, up to 100 percent for marriages of 20 years or more

It is important to note that judges can deviate from this formula if they believe it would be unjust or inappropriate in a particular case. They must provide reasons for any deviation.

Modifying or Terminating Maintenance

Spousal maintenance is not always permanent. It can be modified or terminated if there is a significant change in circumstances, such as:

• Remarriage of the receiving spouse

• The cohabitation of the receiving spouse with a new partner

• Significant change in either spouse’s income

• Retirement of the paying spouse

Understanding how spousal maintenance is determined can help you navigate your divorce more effectively. However, each case is unique, and the outcome can depend on many factors.

Contact a Kane County, IL Alimony Lawyer

If you are facing a divorce and have questions about spousal maintenance, seek help from a McHenry County, IL divorce law attorney. Call Colleen Thomas at The Thomas Law Office at 847-426-7990 today to schedule your private consultation and get the guidance you need during this challenging time.