Common Spousal Support Questions Asked by Divorcing Couples in Illinois

 Posted on December 20, 2019 in Spousal Maintenance

There many issues that can break up a marriage -- infidelity, lack of communication, a difference in values -- the list goes on. One of the most commonly cited topics of marital stress is money. The stress does not end once the marriage is over, though. The majority of married couples plan their lives around two incomes. When a couple gets divorced, suddenly both spouses now have to figure out how to balance their lifestyles with their newly single-income household. In some cases, one spouse simply does not earn enough to survive or enjoy nearly as comfortable a lifestyle as he or she did before the divorce. In certain situations, spousal maintenance may be awarded, which can help alleviate this financial burden.

Will I Be Awarded Spousal Maintenance?

According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), there is no guarantee that spousal maintenance will be awarded in any divorce case. If you think that you deserve to receive spousal maintenance, you must file a petition with the court to have your case heard. It is up to the judge to decide whether or not a spousal maintenance award (commonly known as alimony) is appropriate for your case. Before the judge makes his or her final decision, he or she will consider all relevant factors in your case. These include, but are not limited to:

• Your and your spouse’s individual incomes

• Any financial obligations that each of you has

• How much and what type of marital property was awarded to each of you in the divorce settlement

• The needs and earning capacity of both parties

• Any contributions that were made by either of you to the furthering of the other’s career or earning capacity

• Any other factor the judge deems to be relevant to the case

How Much Will I Receive Each Month?

If the judge determines that a spousal maintenance award is appropriate for your Illinois divorce case, a series of formulas will be used to determine your monthly spousal maintenance amount and how long you will receive those payments. These calculations will include figures such as your annual income, your spouse’s annual income, and the duration of your marriage. The first calculation will take 25 percent of your annual income and subtract it from 33.3 percent of your spouse’s annual income. This will be your yearly spousal support award. To get your monthly amount, you would simply divide that number by 12.

To determine the duration of the spousal maintenance, the length of your marriage comes into play. In the IMDMA, there is a list of multiplying factors that correspond to the number of years of your marriage. To get the length of time you will receive spousal maintenance, you would multiply the length of your marriage by the corresponding multiplying factor. For example, if you were married to your spouse for 12 years, you would multiply that by .52, resulting in you receiving spousal maintenance for 6.24 years.

Contact a Geneva Divorce Attorney

The idea of being on your own both financially and emotionally after years or even decades of being married can be daunting. If you are worried about your finances after your divorce, and you think you may have a case for receiving spousal maintenance, you should talk to a dedicated Kane County spousal maintenance lawyer. At the Law Office of Matthew M. Williams, P.C., we know the ins and outs of spousal maintenance in Illinois. We will help you set yourself up for financial success after your divorce. To schedule a consultation, call our office today at 630-409-8184.

Source:

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