Determining Alimony in an Illinois Divorce

 Posted on September 05, 2017 in Alimony

Although not awarded as frequently as it once was, alimony (also known as spousal support) can provide financial relief for a disadvantaged spouse during and after divorce. Available as either a temporary or, in some cases, permanent aid, alimony is paid by a higher-income spouse to one that is disadvantaged. How do you determine if you are disadvantaged, how much might you be owed, and how can you increase your chances of receiving what you are entitled to in your divorce? The following information explains.

Are You Eligible?

Before an individual can determine the amount of spousal support they may be owed, they must first be deemed eligible for alimony payments. The courts do this by examining the financial situation and other aspects of the marriage, such as:

• A spouse that has given up their career or education to advance the career of the other;
• Physical, emotional, or mental issues that hinder the employability of a disadvantaged spouse;
• Non-monetary contributions, such as caring for the home or children;
• A significant financial disparity between spouses (even if both are working); and
• A lack of training or education that is a direct result of the disadvantaged spouse's sacrifice.

This list is, by no means, comprehensive. Any number of circumstances or situations could result in an alimony award. Your attorney can answer any questions you may have about your eligibility for spousal support.

How Much Are You Owed?

In most cases, alimony is calculated using a basic formula. The courts look at the income of each party and subtract 20 percent of the receiving party's income from 30 percent of the paying party's income. Provided this amount does not exceed 40 percent of the couple's combined income, it is then multiplied by a pre-designated factor to determine how long support will be paid. This factor in the formula is based on the number of years the couple was married (0.20 for 5 or less; 0.40 for 5-10 years; 0.60 for 10-15 years; 0.80 for 15-20 years, and possible permanent support for any marriage lasting over 20 years).

How Our Joliet Divorce Lawyers Can Help

You do not have to wait until your divorce has been finalized to receive support. You also do not have to fight the battle alone. Instead, contact Law Offices of Tedone and Morton, P.C. for experienced legal assistance. Dedicated and experienced, our Joliet divorce lawyers will protect your rights, including your right to pursue alimony in a divorce. Get started by scheduling a personalized consultation. Call our offices at 815-666-1285 today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000