How Does Spousal Maintenance Work in Illinois?

If you are planning to file for divorce, have received divorce papers, or are currently going through a divorce, you may have questions about spousal maintenance and how it works in Illinois. Not every divorce case involves spousal maintenance, but it can be a critical and potentially divisive aspect of those it applies to.

What Is Spousal Maintenance?

Spousal maintenance, also called spousal support or alimony, is a regular payment from one former spouse to the other after a divorce. The purpose of spousal maintenance is to mitigate the negative financial impact the divorce has on the party with fewer resources.

However, that should not be assumed to mean any financial imbalance between the parties will result in the ordering of spousal maintenance payments. Courts consider specific factors when determining whether maintenance is necessary, and state law sets rules for determining the amount and length of the maintenance.

Factors Used for Determining If Maintenance Is Necessary

Illinois courts consider several factors when determining the necessity of spousal maintenance in divorce cases. Some of these factors include:

• The income and property of the parties
• The needs of the parties
• The present and future earning capacities of the parties
• The duration of the marriage
• The standard of living established during the marriage
• The age, health, and occupations of the parties
• The contribution of the parties to the marriage
• The tax implications for the parties
• The time it would take the parties to acquire education, training, and employment

Calculating the Amount of Spousal Maintenance

To calculate the amount of money spousal maintenance payments should be for, the courts will take one-third of the payor’s net annual income and subtract one-quarter of the payee’s net annual income from it. The resulting amount cannot exceed 40 percent of the combined net income for the parties.

Calculating the Length of Spousal Maintenance

The second calculation determines the period over which spousal maintenance payments must be made if the court determines they apply to the case. In general, the longer the marriage lasted, the longer maintenance payments continue.

Spousal Maintenance Termination

Beyond spousal maintenance ending naturally due to the time limit expiring, other ways for spousal maintenance to be terminated are if either party dies or if the payee remarries or “cohabits with another person on a resident, continuing conjugal basis.”

Contact Our Illinois Divorce Attorneys

If you’re going through a divorce in Illinois, contact Gravel & Wechter for a free consultation with one of our experienced family law attorneys. We’ll review the details of your case, explain whether spousal maintenance seems likely to apply, and answer any further questions you have about your divorce.