How Much Alimony Will I Have to Pay?

Wheaton Divorce Attorneys

Under Illinois law, alimony is known as spousal maintenance and is not presumed to be appropriate in any divorce. Instead, spousal maintenance may be awarded to one spouse based on each party’s needs and the circumstances of the marriage. When appropriate, the law also provides a formula for calculating required payments to be used in most cases.

Absent an agreement between you and your spouse, you will only be ordered to pay alimony if and when the court determines that the need for maintenance exists. While maintenance is not automatic, you are likely to be required to make payments to your spouse if you were the primary wage-earner during your marriage. Your income and that of your spouse are only two of many factors that the court must take into account when making a decision regarding maintenance. Other factors include:

  • The length of your marriage;
  • The standard of living you established;
  • Your contributions to the marriage and those of your spouse, including as homemaker or stay-at-home parent;
  • Your spouse’s contribution to your career and the subsequent effect on his or her own career;
  • The age, health, and earning capacity of both you and your spouse; and
  • How marital property has been divided.

Calculating Your Expected Payment

If the court finds that alimony is needed, the law provides a formula to be used when a couple’s combined income is $250,000 or less and no multiple family situation exists. Using this formula, your obligation is found by taking 30 percent of your income and subtracting 20 percent of your spouse’s income, as long the result plus your spouse’s income does not exceed 40 percent of your combined income. The court, at its discretion, may alter the final amount based on the details of each individual case.

For answers to your questions regarding divorce and alimony in Illinois, contact Abear Law Offices. Call 630-804-3033 for a free consultation. We have locations in Wheaton, St. Charles, Naperville, Warrenville, and Chicago for your convenience.

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