Do I Qualify for Alimony If I Get Divorced in Illinois?

 Posted on April 03,2024 in Spousal Support

Getting a divorce can be a painful and drawn-out process which does not necessarily end when the marriage does. Couples who want to get divorced should hire an experienced lawyer to help walk them through the legal ramifications of dissolving a marriage. These ramifications can include dividing marital assets, child custody, and spousal support, otherwise known as alimony.

This article will discuss what alimony is, who is entitled to it, and how it is calculated.

What is Alimony?

Alimony is financial support given by one party to another following a divorce. While not every divorce involves alimony payments, many do, especially if one party is not financially independent.

If a court grants a spousal maintenance order to one of the parties, it means he or she must pay alimony to the other. The order will specify the amount of each alimony payment and the duration of the term in which payments must be made.

Who is Entitled to Alimony?

A court considers many factors when determining who should pay alimony, such as:

• The income of each party

• Each party’s financial needs

• Parental responsibilities and their financial impact

• The standard of living during the marriage

• Marital and non-marital properties

• The employability of each party and their earning potential

• Duration of the marriage

How is Alimony Calculated?

After a court has determined who should pay alimony (called the payor), it will calculate the amount according to Illinois law. The court will look at two major factors when making the calculation:

• Does the payor need to pay child support?

• Does the combined gross annual income of both parties equal at least $500,000?

If the answers to the above questions are no, then the payment amount will be equal to a third of the payor’s net annual income minus 25 percent of the payee’s net annual income. The amount should not equal more than 40 percent of the couple’s combined net annual income.

If child support is being paid, the court will take this into account and may deduct it from alimony payments.

For How Long Can an Ex-Spouse Receive Alimony?

When ordering one party to pay spousal support to the other, the court will prescribe one of three types of alimony terms:

• Fixed-term maintenance

• Indefinite maintenance

• Reviewable maintenance

If a court orders fixed-term maintenance, it means that the payor must pay alimony for a fixed amount of time. By contrast, an indefinite maintenance term means that alimony must be paid indefinitely. In a reviewable maintenance term, the court will set a fixed payment term as well as a date for the court to review whether further spousal support is required.

Contact a Kendall County, Illinois Divorce Lawyer

Divorce can be a long and messy procedure, particularly when it comes to alimony. With so many factors involved, you want an aggressive attorney by your side who will fight to get you the best result possible. Contact the qualified Kane County, Illinois divorce attorney at the The Law Office of Matthew M. Williams, P.C. by calling 630-409-8184 today.