In today’s world, many married couples rely on two incomes to live comfortably. Getting a divorce means you are no longer using two incomes to pay bills, as you will likely have to make ends meet with your paycheck alone. For some, this may not be a big deal, but for others, it can make supporting themselves very difficult. This is where spousal maintenance could be very helpful. 

Also known as spousal support or alimony, spousal maintenance is either established by an agreement between the spouses or ordered by a judge based on the circumstances of the situation. Maintenance is typically used to allow both spouses to continue a reasonably similar quality of life compared to what they had when they were married.

Factors in Determining Alimony

Spousal maintenance is not guaranteed in all Illinois divorce cases. Absent an agreement between the parties, spousal maintenance will only be awarded when it is needed to make a divorce settlement more equitable. When making determinations about spousal maintenance, the judge will examine the marriage and divorce and will use a specific set of factors to make a decision.

For many couples, getting a divorce can be a big financial burden. Going from being a dual-income family to having to run a household on one income can be tough on anyone. In situations in which one spouse may be greatly disadvantaged financially after a divorce, a judge might deem it appropriate to award that person spousal maintenance. In Illinois, spousal maintenance, which is also known as alimony or spousal support, is calculated using a specific formula, and it usually only lasts for a specific period of time. If you are getting a divorce, you should understand the basics of Illinois spousal maintenance.

Calculating Spousal Maintenance

If a spouse is awarded spousal maintenance, the formula set forth by the Illinois Marriage and Dissolution of Marriage Act (IMDMA) will be used to determine the amount of the maintenance award. The formula applies to any couple whose combined gross annual income is less than $500,000. The formula is as follows:

• 33.3% of payor’s net income - 25% of payee’s net income = Maintenance award

The law also states that the amount determined in that formula is not permitted to be more than 40 percent of the combined gross income of both spouses. The length of time the maintenance award is paid depends on the length of the marriage. The IMDMA sets forth a list of multiplying factors that determine the payment period.

What happens to spousal maintenance after you retire? If you are the person paying maintenance, it would be wrong for you to assume that your maintenance payments will end when you retire. You can terminate maintenance payments only when:

• You reach the agreed termination date
• A significant decrease in your income or increase in the recipient’s income makes it appropriate to end payments
• The recipient remarries
• The recipient fails to make an effort to become self-supporting

Retirement may give you grounds to decrease your maintenance payments, but terminating payments is unlikely. There are several factors that determine whether and how much you can modify spousal maintenance when you retire.

How Long Is the Spousal Maintenance Supposed to Last?

The duration of your spousal maintenance payments can be a set number of years or indefinite, pending future review or requests for modification. Two circumstances are needed for a court to grant indefinite maintenance:

The decision to divorce may be more difficult than normal if you are someone with a disability. Though you may be unhappy in your marriage, you may also worry about whether you will be able to support yourself after a divorce. You may rely on your spouse’s income and health insurance if you are unable to work or are limited in your ability. If you have children, you may wonder whether your disability will limit your parenting time. Your disability does not have to trap you in an unhealthy marriage. Illinois divorce laws can help support you financially and protect your parental rights.

Support Payments

In any divorce, a person who is financially dependent on their spouse will usually receive spousal maintenance to support them as they adjust to life on their own. Spousal maintenance is particularly crucial for someone with a disability because they may:

• Be unable to work or generate a steady income
• Have frequent healthcare expenses
• Require assistance at home
• Use equipment to treat their condition and accommodate their disability
• Feel forced to continue paying to live in a home that has already been modified for them

Your disability benefits may not be enough to cover all of your expenses, but spousal maintenance can help cover the remaining cost. You can either negotiate with your spouse on the amount and duration of your maintenance payments or allow the divorce court to decide for you.

Someone who has a greater income than his or her spouse can have an advantage during a divorce. If each spouse is left with only their individual resources, the wealthier spouse would be able to hire a more expensive lawyer, pay for other advisers, and better afford a prolonged legal battle. Illinois tries to level the playing field during a divorce by allowing someone to request interim attorney fees and costs from their spouse if they cannot afford these expenses. This divorce tool is a financial boon or burden, depending on which side of the court order you are on.

Receiving Interim Fees

As the name suggests, you will file for interim attorney fees and costs while the case is still ongoing. This request is strictly meant to pay for your legal fees related to your divorce. If you need help paying for your living expenses, you need to file for temporary spousal maintenance. When deciding whether to grant interim attorney fees, the court will consider: