How Much Alimony Will I Need to Pay in Illinois?

 Posted on September 30, 2024 in Alimony / Maintenance

Many couples end up unhappy in their marriage, but some decide to stay together out of fear of the financial burden divorce could bring. If you are constantly worrying about what it would be like to split up your assets and have to pay child support and alimony, it can keep you from taking steps to live your best life away from your current partner. 

Often, people think about worst-case scenarios and convince themselves they will end up much worse off financially after divorce than they truly might. If you feel stuck in your marriage because of this, a knowledgeable Kane County, IL divorce lawyer can offer some clarity by explaining how alimony is calculated, which might put you at ease.

How is Alimony Entitlement Decided?

There are several common misconceptions about alimony, officially referred to in Illinois law as maintenance. Many people mistakenly believe that alimony is automatically included in divorce and that it is a gender-specific obligation, with the ex-husband always needing to pay alimony to the ex-wife.  In practice, the court will examine various factors before deciding whether either spouse should be awarded alimony. These factors include:

• Both spouses’ income and earning capacity

• The length of the marriage

• The spouses’ needs

• If either spouse contributed to the other’s career

After reviewing all the relevant information, the judge will decide whether one spouse should be paid maintenance.

How is Alimony Calculated?

When a couple’s combined income is less than $500,000, the amount of maintenance is determined by using the following formula:

Subtract 25 percent of the receiving spouse’s net income from 33 percent of the paying spouse’s net income; that is typically the yearly amount to be paid. However, it is important to note that courts encourage couples to come up with alimony agreements on their own. Spouses can agree to any arrangement that feels fair to them both. Prenuptial and postnuptial agreements can also impact the outcome of alimony negotiations. 

Can Alimony Payments be Modified?

The amount you will need to pay will be determined based on the situation at the time of your divorce. If you experience significant changes thereafter, your alimony arrangement can be modified accordingly. 

For example, if you are the paying spouse but your income decreases or your ex’s income increases substantially, this would be a typical scenario for seeking a modification. Likewise, if your ex remarries, you would stop paying alimony. 

There are several other grounds for seeking a modification, so if you have any questions about this, ask an experienced lawyer. You should never stop paying based on changed conditions, even if you are sure that your arrangement warrants modification. You need to receive confirmation from the court before you can pay less or stop paying. Otherwise, you could face legal consequences including criminal charges.

Schedule a Free Consultation with a St. Charles, IL Spousal Maintenance Lawyer

If you are worried about how much alimony you might be ordered to pay, a seasoned Kane County, IL divorce attorney can help you get answers. At Shaw Sanders, P.C., we understand how stressful it can be to have so many unknown factors, and we are dedicated to providing detailed explanations to our clients so they can make informed decisions. Call us at 630-584-5550 to schedule a free consultation.