What Can I Do if My Lazy Spouse Is Awarded Spousal Support?

 Posted on September 19, 2024 in Spousal Support

Across the nation, spousal support laws have been evolving, largely as a result of more women in the workplace. While spousal support (also known as alimony or spousal maintenance) for a wife – sometimes even permanently – was once the standard, this is no longer the case. You may feel as though your ex-spouse has no incentive to become self-supporting after being awarded spousal support. Perhaps he or she did not contribute financially during the marriage. You may also feel that you are financially unable to move forward with your life because of your spousal support payments.

What if your ex, in your estimation, is just lazy? Will you be saddled with spousal support for years, even decades? In 2019, Illinois made significant changes in the way spousal support is calculated, leaving less opportunity for the Court to order an unreasonable amount. If you are going through a divorce and need guidance and answers to your questions regarding IL spousal maintenance, a Batavia, IL spousal support attorney from The Law Office of Matthew M. Williams, P.C. can help.

How Does the Court Determine Whether Spousal Support Is Appropriate?

There are specific factors the Court considers before awarding spousal maintenance, including:

• The available income of both parties

• The assets and property each party has access to, including marital and separate property

• The specific needs of each party

• The earning capacity of each party

• The age and health of each party

• Whether the receiving spouse has the ability to acquire the necessary training to re-enter the workforce

• The parenting responsibilities of each party

How is Illinois Spousal Support Calculated?

Alimony is now calculated by taking 33 percent of the paying spouse’s net annual income and subtracting 25 percent of the receiving spouse’s net annual income. The resulting amount must be less than 40 percent of the combined net incomes of both spouses. Spousal support ends if the receiving spouse remarries.  

What is the Duration of Spousal Maintenance?

The number of years spousal maintenance is paid for – barring any extenuating circumstances – depends on the length of the marriage. In general, the length of support is equal to a percentage of the length of the marriage, i.e., 20 percent for a marriage less than five years, 24 percent for a marriage of five years, 28 percent for a marriage of six years, and so on, increasing 4 percent per year of marriage until it reaches 20 years or longer. Once the duration of the marriage is 20 years or more, the Court, at its discretion, will order spousal support for the length of the marriage or indefinitely. So, if support is deemed appropriate and necessary, 5 x 0.24 would result in a length of 1.2 years for a marriage of five years.   

What if My Ex is Making No Moves to Become Self-Supporting?

What if your ex appears to be making no move to become self-supporting and, in fact, is asking the Court for an extension of his or her spousal support? Modifications require compelling evidence of a substantial change in circumstances. Your attorney can argue on your behalf that your ex has made no attempt to become self-supporting in the time you have been paying spousal support. The argument might also be that you can no longer afford to pay spousal support if your finances have changed, you are retiring, or you have new family obligations. The obligation is unlikely to be extended if proof of these arguments exists.  

Contact a Kane County, IL Spousal Support Attorney

It is important that you speak to an experienced Geneva, IL spousal support attorney regardless of whether you are likely to be ordered to pay spousal support or will be the receiver. This will give you a good idea of what type of court decision you can expect. Attorney Matthew M. Williams focuses his practice on mediation and collaborative divorce to make the process more amicable but will present a strong case in court on your behalf when necessary. Contact The Law Office of Matthew M. Williams, P.C. at 630-409-8184 to schedule an initial meeting to discuss your issues.