How Much Alimony Can You Get In Illinois?

 Posted on October 07, 2022 in Alimony

Divorce cases sometimes include an order requiring one spouse to provide continued financial support to the other spouse. These payments are referred to as “spousal maintenance” in Illinois law, but the terms “alimony” and “spousal support” are sometimes used colloquially.  If you are getting divorced, you may have questions about the role spousal maintenance will play in your case. Read on to learn more.

Circumstances Under Which Spousal Maintenance May be Ordered

Spousal maintenance is only ordered in a small percentage of Illinois divorce cases. There are three main circumstances under which a spouse may receive maintenance payments in a divorce:

• Mutual agreement between the parties – Divorcing spouses may negotiate the terms of maintenance during the divorce process. For example, consider a divorcing couple who owns a family business. The spouses may work out an agreement in which one spouse keeps the business but the other spouse receives spousal maintenance payments.

• A prenuptial or postnuptial agreement – Some spouses sign prenuptial agreements or postnuptial agreements that define the conditions of spousal maintenance in the event of divorce. Courts uphold the decisions described in prenuptial and postnuptial agreements unless there are issues with the agreement that make it invalid.

• Court order – If the spouses cannot negotiate an agreement about spousal maintenance, the court will make a determination based on the length of the marriage, each spouse’s financial circumstances and earning capacity, and other relevant factors.

Spousal Support Payment Amounts

If the court determines maintenance during a divorce, the amount a spouse pays is usually based on a statutory formula. One-quarter of the recipient’s net income is subtracted from one-third of the paying spouse’s net income to find the payment amount. This payment amount cannot e more than the spouses’ combined net incomes. The duration of payments is usually based on the length of the marriage. The longer the spouses were married, the longer the recipient is entitled to maintenance.

Contact a Plainfield Divorce Lawyer

Divorce has a massive financial impact. In some divorce cases, one spouse is required to pay spousal maintenance to the other spouse to offset some of the financial hardship caused by divorce. Spousal maintenance may be based on an agreement or court order.

Whether you are the person who pays spousal maintenance or you receive maintenance payments, a Joliet divorce attorney from Law Offices of Tedone and Morton, P.C. can protect your rights. Our skilled team has experience in complex divorce cases and can provide legal support and guidance regarding spousal support, property division, child custody, and more. Call 815-666-1285 and set up a free consultation today.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm