How Much Spousal Support Can I Expect to Receive?
If you’re facing a divorce in Illinois—and you didn’t work while married or made substantially less than your spouse–you may be wondering, “How much spousal support can I expect to receive?” This question is common and understandable, as the financial implications of divorce can be significant and far-reaching.
Spousal support, referred to as “maintenance” in Illinois but commonly known as alimony, is designed to help maintain the standard of living for a spouse who may be at an economic disadvantage after divorce. In Illinois, the amount of spousal support you might receive depends on various factors, and understanding these can help you prepare for your financial future.
Read on to learn about spousal maintenance in Illinois and how you can protect yourself and your interests. For personalized advice tailored to your specific circumstances, contact an experienced spousal support attorney in your area for a confidential consultation.
Factors Determining Spousal Support in Illinois
Illinois courts consider several factors when determining spousal maintenance. These include:
- Length of the marriage: Generally, longer marriages may result in higher support amounts or longer duration of payments.
- Each spouse’s income and property: The court examines the financial resources of both parties, including each spouse’s salary as well as marital and non-marital property.
- Each spouse’s needs: This involves assessing the financial requirements for each spouse to maintain a reasonable standard of living.
- How much each spouse may earn in the future: The court considers each spouse’s ability to earn income or how much they may make in the future. This includes factors such as education and work experience as well as if one spouse left the workforce to focus on managing the household.
- The standard of living each spouse had during the marriage: The goal is often to help the receiving spouse maintain a lifestyle similar to what was enjoyed during the marriage.
- Each spouse’s age and health: These factors can impact earning capacity and financial needs.
- Contributions one spouse made to the other’s career or education: If one spouse supported the other through school or career advancement, the court may take this into account and award spousal support accordingly.
Types of Spousal Support in Illinois
Illinois recognizes different types of spousal support, each serving a specific purpose:
- Fixed-term support: The court awards one spouse to pay support for a set period. This often occurs in shorter marriages or when the receiving spouse needs time to become self-sufficient.
- Indefinite support: In longer marriages or cases where the receiving spouse may not become self-supporting, the court may award spousal maintenance indefinitely.
- Reviewable support: The court may review the support order after a defined period to determine whether to terminate maintenance or modify its terms.
The court may also award temporary support during the divorce process to help one spouse maintain financial stability. This type of support usually ends when the divorce is finalized.
Calculating Spousal Support (Maintenance) in Illinois
Illinois uses guidelines to calculate spousal support, but these are not always strictly applied:
- For couples with a combined gross income of less than $500,000, the court typically calculates maintenance as 33.33% of the payor’s net income minus 25% of the payee’s net income. The maintenance amount cannot exceed 40% of the combined net income when added to the payee’s net income.
Duration of Support Payments
The length of time support is paid typically increases with the length of the marriage, up to a maximum of the length of the marriage itself.
Keep in mind that courts may deviate from these guidelines based on specific circumstances of the case. There may also be exceptions for marriages lasting longer than 20 years or high asset cases. Additionally, factors such as prenuptial and post-nuptial agreements as well as life insurance policies can affect a maintenance award.
Examples of Spousal Support Calculations
To better understand how these guidelines might apply, consider this scenario:
In a marriage where one spouse earns $200,000 and the other $60,000 annually, the court may calculate maintenance as follows:
33.3% of $200,000 = $66,600
25% of $66,600 = $16,650
$60,000 – $8,000 = $49,950 annual support
Modifying Spousal Support
Life changes can necessitate modifications to spousal support arrangements. Significant changes in income, remarriage of the receiving spouse, or major health issues could justify a modification.
Either party can petition the court for a modification, but they must demonstrate a substantial change in circumstances. You should work with an experienced family law attorney whether you’re seeking a modification or responding to one to protect your rights and interests.
Tax Implications of Spousal Support
As of 2019, the paying spouse can no longer deduct their spousal support payments from their taxes. Also, the receiving spouse doesn’t have to claim the payments as taxable income.
It’s important to consult an attorney well-versed in tax law to determine the tax implications for your case.
Seeking Legal Assistance
Navigating spousal support issues requires the skills, knowledge, and resources of an experienced family lawyer. A knowledgeable attorney can help you understand your rights, negotiate effectively, and present your case in court if necessary.
They can also gather and present evidence to support your case for fair spousal support and help ensure you receive all that you need to maintain your standard of living both during and after the divorce.
Contact an Illinois Family Law Attorney Today
If you’re facing divorce and have questions about spousal support in Illinois, the attorneys at Manassa Law, P.C. are here to help. We have in-depth knowledge of Illinois family law and are committed to our clients’ well-being. You can rely on us to provide the guidance and support you need during this difficult time and help you get the favorable outcomes you seek.
Since the amount of spousal maintenance you may receive depends on your specific circumstances, you must work with an experienced family law attorney to protect your rights and help you prepare for the financial aspects of your divorce.
Don’t let uncertainty about your financial future add to the stress of divorce. Contact Manassa Law, P.C.today for a free and confidential consultation. Our team is ready to listen to your concerns, answer your questions, and help you move forward with confidence.
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