Spousal Support Laws in Illinois
Illinois alimony (or spousal maintenance) laws aim to help a spouse with financial need keep living in a way similar to how he or she lived during the marriage. A spouse who wants alimony must request it. Courts do not automatically ask spouses if they want it, nor do courts automatically grant alimony.
Statutory guidelines drive alimony calculations in many cases. This is particularly true when the spouses have a combined gross income of less than $500,000, and there are no current child support or spousal maintenance orders.
The basic formula for alimony in Illinois is this: (33.3% of the payer’s net income) – (25% of the payee’s net income). The maintenance amount cannot exceed 40% of the combined net income of both spouses. If it does, the court may adjust the award downward.
For marriages of five years or less, the calculation is to multiply the duration of the marriage by 0.20 to get the length of alimony. Five years of marriage has a multiplier of 0.24, and the multiplier increases by 0.4 for each year. For instance:
- Married 7 years: 7 × 0.32
- Married 12 years: 12 × 0.52
- Married 15 years: 15 × 0.64
- Married 17 years: 17 × 0.72
For marriages of 20 years or longer, alimony may last for the length of the marriage or take the form of indefinite or permanent support. A few variables can affect this type of alimony, though. For instance, if the payee remarries, alimony often terminates automatically. Cohabitating with a new partner offers a less clear-cut scenario, but may justify ending alimony. Either spouse’s death can end alimony, but some deceased spouses’ estates have the obligation to continue with maintenance payments.
These guidelines are a standard approach. Courts can consider the spouses’ age and financial need to award amounts that differ from the calculations. The spouses can also use their own calculations or formulas if they negotiate alimony between themselves. As long as the spouses’ agreement seems fair on the surface, the court should approve it.
Unfortunately, an unfair amount and duration of alimony is sometimes what happens when your spouse won’t sign divorce papers. One party may agree to pay too much alimony or too little alimony to appease the other party or to finalize a prolonged divorce.
The court might still approve these agreements as long as they meet what seem to be minimally fair standards and both spouses agreed to them. It is easy to make decisions you may regret later during a divorce. Having a lawyer advocate for you should be helpful in protecting your interests.
Temporary vs. Permanent Alimony
Understanding the timeline of a contested divorce is important when it comes to alimony, since these divorces can take many months or even several years. The court might issue temporary alimony subject to modification when the court later reaches a final judgment.
What Factors Are Considered When Calculating Spousal Support in Illinois?
Courts consider many factors in addition to the basic formula on how spousal support is calculated. The goal is to make sure that spousal support orders are fair and equitable. Discretion allows the court to judge each case flexibly and on its own merits.
Child Support
Child support payments take priority over alimony and may lower an alimony award. The opposite can apply, too. A person receiving child support may have his or her need for alimony reduced or eliminated.
Existing Spousal Maintenance Orders
If a party is already paying alimony to a former spouse, these payments reduce the party’s disposable income. The award amount for a new alimony order might be smaller than it would be otherwise.
Income and Property of Each Spouse
Both parties may have their own income, assets, and financial resources. For example, current income from work, investment income, and rental income can all factor into alimony calculations. Issues such as property division during the divorce can also affect alimony awards. During negotiations, one spouse may agree to accept a larger share of property in exchange for reduced alimony, or the court might order a similar division.
Financial Needs
The court looks at the financial needs of both the payer and payee. Considerations include living expenses, debts, and the lifestyle during the marriage. The idea is for both spouses to maintain a standard of living after the divorce that is as close as possible to what they enjoyed during the marriage.
Earning Capacity and Contributions to the Marriage
Courts recognize that many types of contributions help build a family’s financial foundation. Sometimes, a spouse bypasses educational or career opportunities to support the family or manage the household. This could increase the maintenance award so that the spouse can regain financial independence.
As part of how spousal support is calculated, the court may also consider the time and cost of education or training the payee spouse needs.
Duration of the Marriage
Longer marriages generally mean longer periods of alimony. The spouses’ finances are more likely to be entwined. It is also more likely that one spouse scarified educational or career opportunities for the sake of the marriage, household, or other spouse.
Age, Health, and Needs
The age and physical condition of both spouses affects their ability to work and the type of work they are able to do. For instance, one of the common issues in divorce is the effect of an age disparity between spouses.
About 17.6% of the population of Illinois is 65 or older. One spouse who is nearing retirement age or already retired may have a reduced ability to earn income. A younger spouse may have a longer working life ahead of him or her and greater potential for earning income. This may reduce the need for alimony.
Marital Agreements
If the spouses have a prenuptial or postnuptial agreement addressing spousal support, the court typically honors that agreement. However, issues such as duress or nondisclosure of assets can render these agreements invalid.
If one party successfully challenges an agreement, the court may disregard it and apply Illinois’ standard spousal support laws as a starting point.
Modifying Spousal Support Orders
Spousal support orders in Glencoe can be modified with a substantial change in circumstances, such as major income increases or decreases. Modifications can be temporary or permanent, depending on how long the change in circumstances is expected to last. A divorce lawyer can discuss the merits of petitioning the court.
Change in Income or Resources
The payer or payee can petition for a modification if he or she experiences a significant income/resource increase or decrease. For example, if the paying spouse receives an inheritance, the payee could argue that the paying spouse now has a greater ability to pay increased alimony.
On the other hand, if the receiving spouse inherits a substantial amount, the paying spouse may say that the inheritance increases the payee’s financial resources. The court could reduce or end the alimony, depending on the inheritance and the payee’s ongoing financial needs.
Employment Status
Demotion, retirement, or job loss can constitute a substantial enough change in circumstances to modify spousal support.
Health
If one party’s health improves or declines, it could affect his or her ability to work and conduct other activities. In other words, health changes may justify revisiting a spousal support arrangement.
Remarriage or Cohabitation
Changes in relationship status factor into how spousal support is calculated. These changes may warrant reduced or eliminated alimony payments.
Death
Either party’s death may end payments. Processes such as a formal petition and court approval are necessary.
Process to Modify Alimony Orders in Glencoe, IL
The party seeking the change must file a petition with the court. This person is the petitioner. He or she has the responsibility of proving that a substantial change occurred and rendered the current spousal support order unfair or inappropriate.
Legal advice is important when seeking alimony modifications, especially since petitioners must show a substantial change in circumstances. It is also possible to negotiate or mediate alimony modifications without court intervention. A lawyer can represent clients’ interests in these situations, too.
Many factors go into spousal support calculations. Contact us at Silberman Law Group to discuss your case.
