How Much Alimony Will I Receive?
Spousal Maintenance Payments in Illinois
A recent change to the law in Illinois addressed the amount of alimony you can expect to receive following your divorce. If alimony, or spousal maintenance, is found to be appropriate in your case, the court will generally follow income-based guidelines in the law for establishing how much the supporting spouse will have to pay.
Under Illinois law, spousal maintenance, or alimony is not automatically presumed to be necessary in every divorce. A divorcing couple may reach their own agreement regarding support payments, but in the absence of an agreement, the matter is left to the court to decide. When determining whether or not alimony is needed, the court must consider a number of circumstantial factors including:
- The income and needs of each spouse;
- Each spouse’s age, health, education, and earning capacity;
- Each spouse’s contribution to the earning capacity or career of the other;
- Length of the marriage and the lifestyle established;
- The ability of each spouse to be financially self-sufficient; and
- The amount of marital property allocated to each spouse and the subsequent tax implications.
Our skilled attorneys can help you understand if pursuing an order of alimony is in your best interest.
Calculating Alimony Payments
If maintenance is found to be appropriate, the court will typically utilize a calculation formula provided in the law to determine how much the payments will be. The base formula takes 30 percent of the paying spouse’s gross income and subtracts 20 percent of the recipient spouse’s gross income, with the difference to be the alimony amount. The final amount, however, may be adjusted so that the payment plus the recipient’s income does not exceed 40 percent of the couple’s combined income. The court may also adjust the order to accommodate the needs of a particular case.
If you are considering divorce and have additional questions about calculating alimony payments, contact our office. Call 630-904-3033 for a free consultation at Abear Law Offices today. Our experienced divorce lawyers are proud to serve clients throughout DuPage and Kane Counties.