Originally published: July 12, 2021 -- Updated: May 17, 2023

Update: Below, we look at the factors that may be considered when determining whether spousal support should be paid from a husband to a wife during and after an Islamic divorce. These decisions will often be made on a case-by-case basis while considering both Islamic law and the laws that affect divorces in the state of Illinois. However, in situations where it is determined that spousal maintenance should be paid, a couple will need to understand how the amount of payments will be determined and how long these payments will be made.

In some cases, these matters may be addressed ahead of time through a marriage contract or prenuptial agreement. A couple may also reach an agreement on the amount and duration of spousal maintenance in their divorce settlement. However, if other arrangements cannot be made, the family court judge overseeing the couple's divorce will make the final decisions on these issues.

When a married couple splits up, they will often need to make significant changes to the ways they handle financial issues. A couple that had combined their finances, deposited income into joint accounts, and worked together to pay bills and other expenses will need to separate their finances and determine how they will each be able to pay various costs on their own. While this process can be complicated and difficult, spouses will usually be able to make adjustments to ensure that they will each be able to live comfortably on a single income. However, there are some situations where one spouse may be unable to fully support themselves after their divorce, such as when a stay-at-home parent did not work outside the home during their marriage. In these situations, one spouse may believe that they should receive spousal support from the other. By understanding when a spouse may qualify for this form of support, a couple can ensure that this issue will be handled correctly during the divorce process.

Factors Considered in Decisions About Spousal Maintenance

Spousal support is known as spousal maintenance in Illinois, although it is often referred to as alimony. It is important to understand that even if the need for support seems obvious (such as when one party relies primarily or solely on the other party’s income to meet the family’s needs), maintenance will not be awarded automatically. A spouse who believes they need financial support will need to request it, and they must demonstrate that this support is necessary to meet their ongoing needs and maintain the lifestyle they were used to while they were married.

Illinois law details a number of factors that may play a role in determining whether a spouse is eligible to receive spousal maintenance, although a judge may consider any issues that may affect the parties’ ability to reach a fair and equitable outcome for their divorce. The specific factors that a judge should consider include:

While spousal maintenance (which is more commonly known as alimony, but may also be referred to as spousal support) is not a factor in every divorce, it may be an important issue to address in cases where one spouse earns a significantly higher income or where one spouse has been a stay-at-home parent. Spousal maintenance will only be paid if a couple agrees on this form of support in their divorce settlement or if one party demonstrates to a judge that it is necessary based on the factors outlined in Illinois law. Understanding the options for paying spousal maintenance, including making a lump sum payment or monthly support payments, can help spouses determine the best ways they can each succeed financially once their divorce has been finalized.

Options for Paying Spousal Maintenance

The purpose of spousal maintenance is to provide a person who earns a lower income with financial support that will allow them to maintain the same standard of living the couple had during their marriage. The amount that will be paid will be determined using a formula that is defined in Illinois law.

In most cases, if maintenance is appropriate, it will be paid monthly for a specific number of months. This number of months is determined based on the total amount of time that a couple was married, starting on the day of their wedding and ending on the date their divorce decree is issued. If temporary maintenance is awarded to one spouse and paid in the period between when the divorce petition was filed and when the divorce was finalized, these payments may be credited toward the total duration for which spousal maintenance will be paid.

When a couple decides to end their marriage and get a divorce, this can sometimes put one spouse in a difficult position as they determine how they will be able to support themselves on their own. In these situations, a spouse may ask to receive spousal support from their former partner. These payments, which are referred to as spousal maintenance in Illinois law, may be available in situations where one spouse earns a higher income or where a stay-at-home parent or a person who has extraordinary needs requires financial support to be able to meet their ongoing needs. By understanding the types of spousal maintenance that may be available, spouses can make sure this issue will be addressed correctly during the divorce process.

Three Types of Spousal Maintenance

In a case where a divorcing spouse is requesting spousal maintenance, a couple may agree that this type of support will be paid, or both parties may present their case to a judge, who will decide whether spousal support will be appropriate. The judge will look at each party’s financial situation to determine whether one spouse needs support and whether the other spouse will have the means to make ongoing payments. They may also consider other factors, such as whether the person who is asking for support made sacrifices to their career during their marriage or helped their spouse pursue career opportunities and increase their level of income.

If a judge determines that spousal maintenance should be awarded, they may choose one of the following options:

There are many different reasons that an ex-spouse could seek a modification of spousal maintenance (also described as alimony or spousal support). In a divorce case in DuPage County, the court might award spousal support to one of the parties based on certain factors from the marriage, and that spouse’s ability to earn a living without obtaining additional education or training. In short, an Illinois court may determine that spousal maintenance is appropriate, and then it will award a specific amount of alimony. In most cases, the amount and the duration of alimony is based on a formula, so it is streamlined. Yet that formula considers both spouses’ incomes when determining the amount of the award.

Accordingly, if one of the spouse’s incomes changes significantly, it could be a reason to ask the court to modify the support payments. We want to provide you with more information generally, but if you have specific questions about your particular circumstances, you should seek advice from an Oakbrook Terrace divorce lawyer.

Calculating Spousal Support in Illinois

Illinois law now says that, for most couples getting divorced where alimony is appropriate, courts should use a formula for calculating the amount of spousal support. That formula says the court should take 33.3 percent of the paying spouse’s net income and subtract 25 percent of the receiving spouse’s net income. The remaining amount is the spousal support amount. For most couples that collectively earn less than $500,000, the court will apply this formula.