Alimony can be a nuanced issue. Call Silberman Law Group at 312-593-0075 to talk about spousal support.
What Is Alimony?
Alimony occurs when one ex-spouse assists the other financially after the marriage ends. Other terms for it are maintenance and spousal support. In Illinois, the amount of alimony is often 33.3% of the paying spouse’s net income minus 25% of the receiving spouse’s net income. However, this formula cannot cause the receiving spouse to earn more than 40% of the parties’ net income.
The purpose of alimony is to help the spouse with fewer financial resources live similarly to how he or she did during the marriage. Courts evaluate alimony on a case-by-case basis, and a spouse who wants it must ask for it. The other spouse must also be financially capable of providing it.
The spouses can reach an agreement on alimony between themselves without the court intervening, but the court should approve the agreement. Three main areas courts consider with alimony are whether it is appropriate, and if it is, for how long and for what amount. The types of alimony in Illinois include temporary, reviewable, and fixed-term.
- Rehabilitative: Helps support an ex-spouse while he or she gets the education or job training necessary for self-sufficiency
- Reviewable: Paid for a specific period, with a court review deciding if it continues
- Fixed-term: Paid for a specific time, with no reviews
- Permanent: Paid indefinitely such as in marriages lasting more than 20 years, although death or the receiving spouse’s remarriage could end it
- Temporary: Paid before the divorce becomes final to help the lower-earning spouse with immediate expenses
Temporary alimony can help a spouse when considering the timeline of a contested divorce and the effect it could have on finances. Without temporary spousal support in Illinois, a spouse might feel pressure to sign divorce papers that put him or her at a disadvantage. After all, contested divorces can take many months to a few years. This is a long time for a person with fewer financial resources, unless temporary alimony is there to help.
What Factors Are Considered in Determining Alimony?
Per state law, courts must consider several factors when they determine alimony in Illinois. The goal is to reach a fair and equitable resolution that considers both parties’ needs and situations. Couples often consider the following factors if they negotiate or mediate alimony between themselves, too.
Marriage’s Length
Alimony is more common in longer marriages. For instance, it can be awarded in marriages lasting fewer than five years but is more likely in marriages lasting longer, especially those of 20 years or more. The longer the marriage, the more intertwined a couple’s finances are, theoretically, and the higher the amount of alimony and the longer the payments last.
For marriages of less than five years, state guidelines call for alimony to last 20% of the marriage’s length. For marriages of 10 to 11 years, alimony may last 44% of the marriage’s length. For marriages of more than 20 years, alimony may last the length of the marriage or continue indefinitely.
Each Spouse’s Financial Resources
Major variables for alimony in Illinois are the income, assets, debts, and financial obligations of both spouses. Earned income and investment income are two considerations, as are whether the spouses already pay alimony or child support to others. The per capita (per person) income in Glencoe is $135,540.
Spousal support can have tax consequences, and the court determines alimony payments’ possible effect on each person’s financial situation.
Each Spouse’s Needs and Standard of Living
Needs include living expenses such as housing, groceries, and health care. Meanwhile, discretionary spending on vacations and lifestyle expenses fall under the standard of living established during the marriage.
Earning Capacity
Earning capacity is both for the present and future. It includes each spouse’s education, job skills, work history, and how much time a spouse might need to get training or education for an appropriate type of employment. Other major factors are the spouses’ ages and health.
In some marriages, one spouse delays or forgoes education or job prospects for children or to help the other spouse’s career. The effect of these moves on the spouse’s earning capacity can be part of what determines alimony payments.
Contributions to the Marriage
Considerations for alimony in Illinois include financial contributions to the marriage as well as domestic involvement and support one spouse offered while the other pursued a career, education, or other goals.
Agreements Between the Parties
Some spouses have a prenuptial or postnuptial agreement that includes alimony provisions. These agreements usually go into specifics such as whether one spouse will pay alimony and for how much and for how long. Courts usually honor the provisions of a prenuptial or postnuptial agreement unless one spouse can show the agreement is invalid. For example, if the spouse felt pressured into signing the agreement right before the wedding.
These agreements should focus on financial matters rather than issues such as child custody. For instance, how child custody is determined comes down to current circumstances such as the child’s relationship with both parents. The needs of children are difficult to predict, while alimony can be agreed upon without affecting children’s well-being. However, there may be room for flexibility on alimony in an agreement if the terms no longer make as much sense as they did.
How to Request Alimony in Illinois
A divorce lawyer can help you request alimony in Illinois and avoid mistakes you might make trying to navigate the process alone. It is a good idea to consult with an attorney before taking any legal steps. Attorneys can offer guidance and discuss your rights and options.
File for Divorce
The divorce petition is also called a petition for dissolution of marriage. If you need financial support, include a request for alimony in your petition.
Gather Financial Documentation
The court needs to see pay stubs, tax returns, bank statements, and records of assets and debts, among other paperwork, to determine each spouse’s financial situation. These documents are also necessary for spouses undergoing alimony talks without court intervention.
Negotiate an Agreement or Attend Court Hearings
You and the other party can negotiate an alimony agreement outside of court or reach one through other means such as mediation. As long as the agreement you reach is fair, the court should approve it.
If negotiations in good faith are not possible, court intervention may be necessary. For example, an impact on alimony can be part of what happens when your spouse won’t sign divorce papers.
In these situations, you attend court hearings. The judge reviews the financial information from you and the other party. The judge also hears evidence and testimony from both sides. Spouses requesting alimony need to show their financial need and how they require support to maintain their standard of living.
If the court decides to award alimony, it issues an order outlining the amount and duration of maintenance. This order is legally binding. If your spouse fails to comply with it, legal consequences are possible.
However, either party can seek to modify or terminate orders for alimony in Illinois if either experiences a significant change in circumstances. Common situations include the remarriage of the recipient spouse, as well as income changes and changes in employment. To modify or terminate alimony, file a court petition and show the change in circumstances.
Work With a Lawyer
Alimony in Glencoe is rarely a clear-cut issue. A lawyer can assess your situation, standard of living, and financial circumstances. He or she can develop a strategy for you to get the alimony you need. Such strategies require financial documentation and evidence of lifestyle, such as vacation records and valuation of luxury items.
Some people who try to get alimony by themselves undercalculate how much they are eligible for, severely shorting themselves. They may also agree to receive alimony for a far shorter period than would be typical.
Spouses sometimes try to hide assets or underreport income. During the discovery process, your lawyer works to make sure the information from your spouse is complete and accurate. Working with forensic accountants or other third parties may be necessary to trace hidden assets. If your case seems likely to involve mediation rather than hearings/trial, a lawyer advocates for you to reach a fair settlement.
Find out more about whether you could be eligible for alimony. Contact us at Silberman Law Group to discuss your situation.
