Alimony, spousal support, or spousal maintenance; no matter what you call it, it’s something that many divorcing spouses must deal with. Whether you are going to be paying this type of support or receiving it, calculating the correct amount is essential to your divorce. An experienced Illinois divorce lawyer can help you calculate how much spousal maintenance you should receive or pay.
In Illinois, spousal support or spousal maintenance falls under the Illinois Marriage and Dissolution of Marriage Act. In 2019, the state government made substantial changes to these laws. All divorces filed in 2019 or later will follow this formula when calculating alimony:
However, the receiving spouse can’t receive more in spousal support than 40 percent of the couples combined net income.
It’s best to check with your Illinois divorce attorney to determine how long you might be expected to pay or receive alimony. Generally, the longer you were married, the longer spousal support can be ordered. The duration of payments will be a percentage of how long you were married. The longer the marriage, the longer you will pay child support. For example, the number of years married corresponds to the percentages below:
Using this chart, if alimony is ordered after you’ve been married for ten years, the payments will last for 4.4 years.
Suppose you were married for 20 or more years. In that case, Illinois judges could choose to order permanent spousal maintenance or for a duration equal to the length of the marriage.
Typically, these percentages will apply as long as a couples’ combined yearly income is less than $500,000. It also only applies if the paying spouse isn’t subject to any previous child support orders. However, the same formulas are often used for determining support even if there are previous child support orders or the couple makes more than $500,000 annually.
Spousal maintenance is intended to assist a former spouse in becoming financially independent who might otherwise struggle financially after the divorce. Keep in mind that spousal support isn’t awarded in all Illinois divorces. The court will look at several different factors to determine if alimony is warranted. These factors might include:
Spousal support can be one of the most stress-inducing and contentious issues in a divorce. When you hire a knowledgeable Illinois divorce attorney from the Suburban Law Group, LLC, you can be assured that you have an advocate on your side who will fight for what you deserve. Contact us today to learn more about our services and how Illinois alimony laws might impact your divorce.
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