In this article, you will discover:
- Who is entitled to spousal maintenance
- How the spousal maintenance duration is calculated
Spousal maintenance would be awarded based on that party’s needs, their earning capacity, and if they’ve sacrificed any earning capacity due to the marriage. The duration of the marriage, the standard of living, age, and health of that person are also factors. However, some judges think it’s antiquated, so you will not necessarily get an award no matter what.
They may only give you enough just for you to get on your feet, get a place to stay, get some certifications, and do whatever else you need to do to regain the earning capacity you would have had otherwise. Many factors are purely up to the judge’s discretion. So we have to tackle both the amount and then get to the duration of the award.
Illinois’ Awarding Of Spousal Support Or Alimony
Illinois does recognize alimony or spousal support. We don’t call it that, though. We call it spousal maintenance, so you have child support and spousal maintenance as kind of an attempt to separate those terms.. If it is awarded, the person who earns more money than the other party will generally be made to pay. There is no real way around that one, and that’s probably the person who was earning a lot of money during the marriage as well. Depending on some schools of thought, it appears to be antiquated, but it still exists in Illinois.
How The Duration For Which Maintenance Is Awarded Is Determined?
The length of the award is essentially calculated by the length of the marriage when the divorce commenced. So, if you are married for less than five years, you multiply the months times 0.2; that’s probably going to be the duration. If you are married for 16 or more years but less than 17, you’ve got to multiply then length of the marriage’s months by 0.68.
So, in an example of $112,000 for the payor, $30,000 for the payee, the award is $222 a month. In this scenario, they were married for 15 and a half years, but that’s 15 years, so it’s less than 16, so it’s .64. So, it’s 186 months times 0.64 becomes 119 months or nearly ten years of payments at $222. Let’s say they were married for seven years but not more than eight. That would be 87 months, but we would have to multiply by 0.32, not this 0.64 like we had just a moment ago. That would be 28 months for a total of $4,660. Getting to the amount requires more steps, and therefore it’s perceived to be more difficult, but once you get those things done, you are in good shape. Determining the total is necessary to calculate when you are trying to assess settlement or negotiations for a buyout.
Remember that this is a source of income and revenue for the person receiving child support. So, it would reduce your child support obligation if that was a factor, but you may want to put that into just some food for thought.
For more information on Obtaining Spousal Maintenance In Illinois, an initial consultation is your next best step. Get the information and legal answers you seek by calling (312) 772-3346 today.