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How is Spousal Maintenance Determined?
07 Dec, 2022
Divorce

How is Spousal Maintenance Determined?

Several factors are considered when dividing aspects of a couple’s marriage during divorce, including marital property and any acquired debt. In certain cases, spouses may also be required to pay spousal maintenance. Spousal maintenance varies depending on the needs of the spouse and any requirements that the court finds necessary. At Suburban Law Group, we can help Illinois couples understand how spousal maintenance is determined during divorce and how our services can help.

What Is Spousal Maintenance?

Spousal maintenance, also referred to as alimony, is a legal requirement given to a spouse in certain divorce cases. If assigned to provide spousal maintenance, a spouse must make recurring payments to help financially support the other spouse proceeding a divorce. The amount of spousal support that a spouse is required to pay will vary depending on the needs of the spouse and what the court determines as reasonable for the payee to provide.

How Is Spousal Maintenance Determined in Illinois?

In Illinois, alimony is calculated by taking 33% of the payer’s net income and subtracting 25% of the recipient’s net income. This result will give you the yearly amount that a spouse needs to pay in spousal maintenance. However, the recipient is not permitted to receive more than 40% of the combined income that each spouse contributes. Thus, how much spousal maintenance an individual is required to pay depends on their income and the income of the recipient. How long a spouse must pay spousal support greatly depends on how long the couple was married. Typically, the longer a couple has been married will equate to a longer time that the spouse will need to pay spousal support. This money is intended to help the spouse with any financial needs that arise after divorce, such as house payments. Though many individuals believe that spousal maintenance and child support are synonymous, this is not the case. While spousal maintenance helps the spouse maintain their standard of living, child support is intended to maintain the child’s standard of living. If a spouse is required to pay child support, this will be discussed separately from alimony during divorce proceedings.

Can I Request Spousal Maintenance Changes After My Divorce Is Finalized?

In certain cases, the court may allow a spouse to request changes to their spousal maintenance after a divorce is finalized. There are several reasons why a spouse may want to change the amount they need to pay, including loss of income or a change in employment. Other times, a court will automatically stop spousal maintenance if it falls into a specific category. For example, if the recipient has remarried another person, the spousal support will stop. Additionally, if the receiving spouse is living with another person who financially supports them, or either spouse passes away, the spousal maintenance will stop. In order to change spousal maintenance, a spouse will need to request a modification with the court.

Contact a Trusted Illinois Attorney Today 

If you have questions about spousal maintenance in Illinois divorces, contact our trusted team today. We look forward to hearing from you soon.

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