A man handing alimony to his ex-wife in a domestic setting, with both individuals appearing serious as they discuss the financial arrangement.

How Much Spousal Support Can I Expect to Pay?

If you’re going through a divorce in Illinois, one of the most pressing concerns you probably have is how it will affect your life financially. If you supported your spouse during the marriage or had a substantially higher salary, you may wonder, “Will I have to pay alimony, and how much spousal support can I expect to pay?

While there’s no one-size-fits-all answer, certain factors influence spousal support decisions in Illinois. Understanding these factors can give you a clearer picture of what to expect.

Since every situation is unique, the best way to get accurate information about your case is to consult an experienced spousal support attorney in your area. They can provide personalized guidance based on the details of your situation and help you navigate the complexities of Illinois divorce law.

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Definition of Spousal Support (Alimony) in Illinois

A judge's gavel, stacks of money, and a document labeled "ALIMONY" lying on a table.

Many people refer to spousal support as alimony, but Illinois law refers to it as maintenance. Regardless of the terminology used, it’s what one spouse pays the other after a divorce. Its purpose is to help the receiving spouse maintain a standard of living similar to what they experienced during the marriage, especially if there’s a significant income disparity between the spouses.

Factors Determining Spousal Support in Illinois

Illinois courts consider several factors when deciding whether to award spousal support and in what amount.

These include: 

  • Duration of the marriage: The length of your marriage plays a crucial role in determining spousal support. Generally, the longer the marriage, the more likely the court may award support, and for a longer duration.
  • Income and property of each spouse: The court will look at both spouses’ financial resources, including income from all sources and any property awarded in the divorce settlement.
  • Needs of each spouse: This factor considers each person’s financial needs based on their current situation and the lifestyle established during the marriage.
  • Present and future earning capacity of each spouse: The court will assess each spouse’s ability to earn income now and in the future. This includes considering factors like education, work experience, and any time spent out of the workforce.
  • Standard of living established during the marriage: The goal is often to help the lower-earning spouse maintain a lifestyle reasonably comparable to what they enjoyed during the marriage.
  • Age and health of each spouse: These factors can impact a person’s ability to work and their financial needs.
  • Contributions to the other spouse’s career or education: If one spouse supported the other through school or helped advance their career, the court may consider these factors in support calculations.

Types of Spousal Support in Illinois

A man's hand extending cash towards a woman's hand, which reaches out to receive the money.

Illinois recognizes several types of spousal support:

  • Fixed-term support: Also known as rehabilitative support, the court awards this for a set period to allow the receiving spouse to become self-supporting.
  • Indefinite or permanent support: In some cases, usually after long marriages or when one spouse can’t become self-supporting, the court may award maintenance to continue indefinitely.
  • Reviewable support: This type allows the court to review the maintenance terms and potentially modify them after a certain period.
  • Temporary support: The court awards this during the divorce process to help maintain financial stability until the divorce is finalized.

How Illinois Calculates Spousal Maintenance

Illinois has guidelines for calculating spousal maintenance, but they’re not set in stone.

For couples with a combined gross income of less than $500,000, Illinois uses the following formula: 

  • 33.3% of the payor’s net income minus 25% of the payee’s net income. This amount can’t exceed 40% of the combined net income when added to the payee’s net income.

Courts can deviate from this formula if they find it would be inappropriate or inequitable in a particular case. For marriages lasting 20 years or more, the court has more discretion in determining the amount and duration of support. The same holds true for high-asset marriages or marriages where a valid prenuptial or post-nuptial agreement exists.

Duration of Spousal Support Payments

A woman and her son are sitting at a wooden table, holding dollar banknotes together. The scene symbolizes the concept of child support, highlighting their financial connection and care.

The length of time you’ll pay support can vary:

  • Relationship between marriage length and support duration: Generally, the duration of support is calculated as a percentage of the length of the marriage. For example, for a five-year marriage, the court may order support for 20% of that time (1 year).
  • Terminating events: Support typically ends if the receiving spouse remarries, cohabitates with a new partner, or if either spouse passes away.

Modifying Spousal Support Orders

Life changes, and so can spousal support orders. After a significant change in either spouse’s financial situation, you can request a modification. 

You need to work with a family lawyer to file a petition with the court and demonstrate what merits the change. Your lawyer can advocate for you and help you receive a favorable outcome.

Tax Implications of Spousal Support

As of 2019, spousal support payments are no longer tax-deductible for the payer or taxable income for the recipient. These changes have made it even more important to consider the after-tax impact of support payments when negotiating divorce settlements.

You need to work with an attorney who understands tax law to help you determine any tax implications that apply to your case.

A family law judge, holding a gavel and surrounded by scales of justice, sits at a wooden table.

When dealing with complex and emotionally charged aspects such as spousal maintenance, you need a family law attorney who understands Illinois divorce law and can advocate for your interests.

At Manassa Law, P.C., we’ve helped numerous clients through their divorces, including negotiating fair spousal support arrangements. We understand the stress and uncertainty you face, and we’re here to provide the guidance and support you need during this difficult time.

Remember, the decisions made about spousal support can have long-lasting effects on your financial future. Contact us today for your free, confidential consultation. Let us explain your rights, explore your options, and work toward the best possible outcome for your situation.

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Larry Manassa
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