Following a divorce or legal separation, and sometimes during a case, the financially disadvantaged spouse may be entitled to receive alimony from their former partner. Also known as spousal support or maintenance, alimony is a form of ongoing payment. Spousal support matters. For the recipient it is about securing a way of life, preserving retirement plans, and setting oneself up for future success.
For the spouse paying it, alimony payments can be a challenge to one’s short and long-term financial goals. These are examples of what is at stake when you negotiate or litigate spousal maintenance in Illinois. Don’t try to do this on your own, you need experienced Chicago maintenance lawyers to make sure you are well represented.
The law here is complex. Spousal support is not awarded in every divorce. You need a Chicago divorce attorney with the experience, background, tenacity, and compassion necessary to champion your goals. With over three decades in family law, I am qualified to handle the full range of alimony cases. Call me at (312) 621-5234 for assistance with your divorce in the North Shore, the city of Chicago, and throughout Lake and Cook Counties.
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AN OVERVIEW OF THE ALIMONY LAWS IN ILLINOIS
Alimony is a payment made by one spouse to the other during or after a divorce. In Illinois, spousal support is typically only awarded in cases where there is a discrepancy in the income/future earning potential of the two parties and other criteria are met. Under the Illinois Marriage and Dissolution of Marriage Act, in addition to temporary alimony, there are three basic types of spousal support:
- Temporary Alimony: Temporary alimony is awarded while a divorce is pending. It is meant to ensure that the financially vulnerable partner can support his or herself until the conclusion of the case. In order to receive temporary alimony, a spouse must submit a petition requesting it.
- Reviewable Alimony: In some cases, one spouse may be entitled to alimony while they return to school or undergo job training. Such a case is one example where reviewable maintenance may be appropriate; allowing a spouse to become financially independent. Alimony is awarded for a set timeframe, after which the parties will return to court to determine if maintenance ought to continue, end or be modified.
- Fixed-Term Alimony: This type of spousal maintenance lasts for a predetermined number of months or years. In Illinois, where statutory maintenance guidelines are applicable, the duration of alimony is proportional to the length of the marriage. However, judges have the discretion to deviate from the guidelines where they deem it appropriate.
- Indefinite Alimony: Finally, after the end of a long-term marriage, permanent/indefinite alimony may be appropriate. Under Illinois law, indefinite alimony is typically only awarded if the marriage lasted for at least 20 years. Though, there are some exceptions.
SPOUSAL SUPPORT IN ILLINOIS: FREQUENTLY ASKED QUESTIONS (FAQs)
How is Alimony Calculated in Chicago Courts?
Chicago area courts apply Illinois state law when calculating spousal support. As a starting point, they will consider the length of the marriage. That helps to determine how long alimony will last. From there, in cases where the combined gross incomes of both spouses are $500,000 or less, the Illinois formula uses 33 percent of the payer’s income to subtract 25 percent of the recipient’s income to determine the appropriate amount. However, state law does not allow the alimony to shift more than 40 percent of the couple’s collective income to the recipient. To be clear, this is a baseline formula. Courts can deviate from this alimony calculator when appropriate.
How Much Spousal Support Will I Have to Pay?
The amount of spousal support that is awarded by the court depends on your income, your partner’s income, the length of your marriage, and any other factors deemed relevant by the Illinois court. While the state does have general guidelines in place, alimony is ultimately decided on a case-by-case issue. An experienced family law attorney can help you determine how much you will have to pay.
How Long is Spousal Support Paid?
The duration of spousal support is proportional to the length of the marriage. For reference, here are some of the terms under Illinois law when statutory maintenance guidelines are applicable:
- Marriage of less than five years: 20 percent of duration.
- Marriage of ten years: 44 percent of duration.
- Marriage of fifteen years: 60 percent of duration.
- Marriage of 20+ years: Indefinite or equal to the length of the marriage.
Will I Have to Continue to Pay Alimony if My Ex Gets Married?
No. Unless you have agreed otherwise in your divorce settlement, spousal support automatically ends in Illinois if the receiving party gets remarried. In addition, you may be able to end alimony payments by seeking a post-divorce modification if your former partner has entered a new marriage-like relationship. To be clear, alimony does not end if you (the paying spouse) get remarried.
WE ARE HERE TO ANSWER YOUR QUESTIONS
If you are trying to figure out Illinois’ alimony laws, you undoubtedly have plenty of questions. While it can be useful to do your own basic research, there is no shortage of outdated or irrelevant information online. Trying to answer questions yourself will probably just result in more questions. The good news is that you do not have to go through this process alone. I am here to get you answers to all your questions, including:
- Can I avoid paying alimony?
- How is alimony calculated, and how long does it last?
- Who qualifies to receive spousal maintenance?
- Do I still receive alimony if I start dating, if I get pregnant or if I remarry? Do I still have to pay if I remarry?
- Could I refuse maintenance?
- Do alimony payments count as taxable income?
- Can I deduct the spousal maintenance I pay on my taxes?
- Can you still get alimony if you cheated?
- Can income from a new partner be considered when calculating maintenance amounts?
Please do not waste valuable time reading through general information that, likely will not be useful. It is my job as a Chicago divorce lawyer to provide real answers to these and other concerns, based on the exact details of your situation.
WORKING WITHIN THE ILLINOIS ALIMONY FORMULA
Illinois state guidelines set a framework for alimony. The Illinois state guidelines provide a basis for you and your spouse to work towards a solution. However, there could be alternatives depending on your agreement with your spouse. Mediation or arbitration could help you arrive at a deal that works for everybody.
Chicago maintenance lawyer Michael C. Craven has the skills and financial experience to help you find an alimony solution that actually works for your situation. If you are part of a high-earning marriage, you will need special attention for spousal support. Please contact me immediately to get started.
CONSIDERING EVERY FACTOR IN YOUR CASE
There is no hard rule when it comes to spousal maintenance. Indeed, this is one of the most important things to know about alimony in Illinois: The specific circumstances always matter. Courts decide whether it is appropriate based on the details of the case — finances, contributions to the marriage, level of dependency, lifestyle, and so on. Among other things, relevant factors in a spousal support case include:
- The duration of the marriage;
- Each spouse’s net worth and assets;
- Current and projected income levels for each spouse;
- The prospective recipient’s separate property (inheritance, property owned prior to the marriage, settlements);
- Financial contributions or outright payments made to support the payor’s education or career;
- If the marriage stopped or delayed a spouse’s career or education;
- Anything that inhibits earning capacity, such as childcare obligations;
- The time required for the requestor to become self-sufficient;
- Married standard of living;
- The emotional and mental state of each spouse, as well as age; and
- Any case-specific criteria that the court considers relevant.
To get the agreement you deserve, you need a skilled, persuasive, and experienced Illinois divorce attorney on your side, championing your case. I am that attorney. Please call me at (312) 621-5234 for immediate assistance, or use this site’s contact form to schedule a consultation at my Lincolnshire or, Chicago law office.
WHY HIRE CHICAGO MAINTENANCE LAWYER MICHAEL C. CRAVEN
Spousal support cases are complicated. There are so many different unique factors that must be considered. As an experienced Illinois alimony attorney, Michael C. Craven has helped clients on all sides of alimony disputes. He has a deep understanding of state law. Drawing on his previous experience as a Certified Public Account (CPA) and tax attorney, he is adept in finding solutions to complex financial issues. When you call our Chicago office, you will have an opportunity to speak to a Chicago spousal support lawyer who can:
- Conduct a comprehensive, confidential review of your case;
- Listen to your story and understand your objectives;
- Carefully explain the Illinois spousal support laws;
- Gather and prepare all relevant financial information;
- Consider options for negotiating a favorable settlement; and
- Take whatever legal action is appropriate to get you the best outcome.
Divorce is a highly sensitive, personal matter. You deserve a reliable attorney who will put time and resources into your case. Michael C. Craven is committed to creating a true working partnership with his clients. He is here to protect your rights and help you make the best decisions—so that you can find peace and security in your future.
CONTACT OUR CHICAGO MAINTENANCE LAWYER TODAY
Michael C. Craven is an experienced and effective Chicago maintenance lawyer. If you need an attorney for maintenance or spousal support in Illinois, we are more than ready to help. Contact us today at (312) 621-5234 for a strictly confidential initial consultation.
