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Illinois alimony attorneysAlimony, otherwise known as spousal maintenance, is not routinely awarded in Illinois. However, it is an element in some divorce cases. Learn how determinations regarding alimony are made, including how long you can expect to receive payments, and discover how a seasoned divorce lawyer can help you pursue the most favorable outcome in your case. 

Illinois’ Statutory Guidelines on Alimony 

Most of the time, family courts use a set of statutory guidelines to determine the amount and duration of alimony payments. While the court may deviate from these rules, they must either provide a valid reason for doing so, or the combined annual income of the parties must amount to more than $500,000. In those instances, the court may weigh several factors to determine the amount and duration of alimony payments (i.e. the length of the marriage, contributions of each party to the marital estate, ability to work, education, etc.). Otherwise, an alimony award is usually determined using a two-step process. 

  • The amount of alimony to be paid each year is determined by subtracting 20 percent of the receiving spouse’s gross income from 30 percent of the paying party’s gross income. 
  • The duration that alimony should be paid is determined by multiplying the years of marriage by a specific percentage (based on the number of years the parties were married). The product of the equation is the number of years that alimony will be paid. 

In 2018, the courts changed the multiplying factors used to determine the duration of spousal support, which has resulted in some parties receiving alimony for a shorter amount of time. These new percentages are as follows: 

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Posted on in Spousal Maintenance

DuPage County maintenance and alimony attorneys, alimonyIf you are considering divorce, you may have concerns regarding whether or not you will have to pay alimony, also known as spousal support or maintenance. Spousal support is less common than it once was, but it is still ordered in some divorces.

Factors the Court Takes into Consideration

The court considers several factors when determining a spousal maintenance award. Maintenance calculations are separate from child support (for the most part) and are not influenced by any marital wrongdoing or fault. The factors the court will look at include the income and property of each spouse, the financial needs of the spouses, the length of the marriage, and the future and present earning capacity and job prospects of the spouses. Additionally, the court will look at whether the spouse requesting alimony contributed to the education or training of the other spouse, the health of the spouses, and any other considerations the court finds relevant.

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Temporary Spousal Maintenance, spousal support, divorce, DuPage County maintenance and alimony attorneysDivorce cases can go on for years, but sometimes decisions need to be made before the judge issues a final order. In many cases, the court has the power to issue temporary orders for cases that are still in progress. One situation in which the court will sometimes issue temporary orders arises during a divorce when one spouse needs spousal maintenance (also known as spousal support).

Situations Where Temporary Spousal Maintenance is Ordered

As more women have entered the workforce, and there are more dual-earner couples, spousal support has become less common. However, sometimes spousal support is still warranted, and a need for immediate spousal support is even more common since many times one spouse needs time to get on their feet before they can be financially independent.

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DuPage County maintenance and alimony attorneys, alimony and maintenanceWhen a couple divorces, sometimes one spouse is ordered to pay the other spouse maintenance. Maintenance used to be called alimony and is generally paid from the higher earning spouse to the lower earning spouse. Maintenance can be ordered by a judge or a couple can agree on it. There are several types of spousal maintenance and different circumstances that apply when determining whether maintenance will be paid, how much, and for what period of time. Therefore, if you are seeking maintenance after a divorce, then it is imperative to understand the specifics of this process and to enlist the help of a skilled family law attorney.

Kinds of Spousal Maintenance

Different types of spousal support can be ordered depending on the situation and include the following:

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