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Posted on in Spousal Support

IL divorce lawyerThere 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.

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IL divorce lawyerWhen you are preparing for a divorce in DuPage County and are anticipating that you will either be paying alimony (also known as spousal maintenance) or receiving it, it is important to understand how these types of payments work under Illinois law. Generally speaking, in order for one spouse to be eligible to receive support, that spouse has to request support. Then, the next step involves the court looking at a number of different factors to determine whether spousal maintenance is appropriate in the given case. The court must make this determination before it ever considers how maintenance will be paid, for long the payments will last, and how much will get paid. If the court decides spousal maintenance is not appropriate, it never even considers how and when alimony will be paid.

If a court does decide alimony is appropriate, then the court’s next steps are to determine the amount and duration of the alimony award. For most DuPage County residents, the court will use guidelines with formulas to make those determinations. Only once the court has decided the amount and duration of the alimony award will it reach the issue of how it actually gets paid and with what frequency. The frequency of alimony payments can be an important one, both for the spouse making the payments and the spouse receiving the payments. Our DuPage County divorce lawyers want to provide you with more information about lump sum payments.

What Is a Lump Sum Payment for Spousal Maintenance in Illinois?

Spousal support awards typically are paid monthly over a particular duration. For example, if a court determines that Spouse A should pay Spouse B an amount of $2,000 per month for 48 months, then that amount usually would get paid monthly, for a total of $96,000 once the total alimony award is paid out in full.

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