Frequently Asked Questions About Spousal Maintenance in Illinois

 Posted on September 27, 2019 in Divorce

There are many stressors that come with a divorce. During this time, you are probably feeling a plethora of emotions, ranging from anger to relief to sadness. You may also be feeling worried or anxious about what life after divorce will be like. Will you have enough money? Will you be able to support yourself? Will you still be able to give your children the life they deserve? The emotional and financial stresses of divorce often combine into what feels like a huge avalanche. Some of the concerns you may have about life after your divorce may be able to be addressed with spousal maintenance.

Will I Receive Spousal Maintenance?

If your ex-spouse earns a significantly larger income than you, they may be obligated to pay spousal maintenance (also known as alimony) that will allow you to maintain the standard of living you had during your marriage. Not every divorce case will involve spousal maintenance, and determining whether alimony will be appropriate depends on the circumstances of the individual case. When a judge is determining whether or not to award spousal maintenance, he or she will look at a variety of factors, including but not limited to:

• Each spouse’s current income

• Each spouse’s ability to earn enough income to support themselves

• Each spouse’s needs

• How the allocation of parenting time between the spouses would affect their ability to work

• Whether one spouse sacrificed his or her career, education, or employment opportunities to manage the household

How Is Spousal Maintenance Calculated?

If the judge decides that maintenance should be awarded, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) has specific guidelines for how the monthly amount of spousal maintenance is calculated and how long it is paid for. If you and your ex-spouse’s combined gross annual income is less than $500,000, the spousal maintenance award is calculated by taking 25 percent of the payee’s net annual income and subtracting it from 33.3 percent of the payor’s net annual income. The result will be divided by 12 to determine the monthly maintenance payment. However, when the amount of maintenance is added to the payee’s income, the result cannot be more than 40% of the couple’s combined net income.

The duration of the maintenance payments is directly related to the amount of time you were married. The IMDMA has a list of multiplying factors that correspond to lengths of time the marriage lasted. For example, if you were married for 13 years, maintenance will be paid for 56% of the total length of the marriage. 

Contact Our Frankfort, IL Spousal Maintenance Attorneys Today

It can be scary to think about being on your own after being married, but some of your fears may be soothed by receiving spousal maintenance that will help you address your financial needs. At Wakenight & Associates, P.C., we understand how difficult it can be to start a new life after your divorce. If you think that spousal maintenance is something that you would like to pursue, you should contact our skilled Will County divorce lawyers. Call our office today at 815-727-6144 to schedule a free consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000