An amount of money defined as spousal maintenance, spousal support, or alimony is paid by one spouse to the other after a legal separation or divorce. In the state of Illinois, a court may order spousal maintenance or the decision to provide spousal support may be agreed upon by the parties. The duration of a marriage, the respective wages of each spouse, and the contribution of each spouse to the marriage are all important considerations in coming to a conclusion on the issue.
Negotiated Agreements for Spousal Support
Spousal maintenance conditions can be negotiated by each party in a marriage agreement or throughout the divorce process, much like other divorce-related issues. The court will normally respect a postnuptial or prenuptial agreement that the couple had previously reached for maintenance during a divorce.
If no prior agreements between the previously married parties has been made, the spousal support’s duration and amount may be negotiated by the parties throughout the process of divorce.
Court-Ordered Spousal Support
If there is no mutual understanding between the spouses and one spouse asks the court for spousal support during the process of the divorce, a number of factors will be condisered by the court to determine whether maintenance is fair under the unique situation. When deciding whether or not spousal support is required, Illinois courts take into account the duration of the marriage, each spouse's assets and income their separate monetary requirements, and their prospects for the future.
The court may also take into account other things, such as how much one spouse helped the other with their schooling or profession. If a spouse helped the other with finances for study or employment, the court may rule that spouse should receive spousal maintenance as compensation.
Usually, a formula that considers the salaries of both spouses is used to calculate how much a spouse must pay in spousal support. The payer’s yearly support obligation equals two-thirds of the payor’s net income less one-quarter percent of the receiving party’s net income.
Spousal maintenance commitments are often transient. The payments offer the receiver some time to stand up again. The length of any court-ordered spousal support payments is often determined by how long the couple was married. Longer-married couples are frequently entitled to higher spousal maintenance payments than spouses who were only married for a short amount of time.
Consult a Wheaton, Illinois Alimony Lawyer
If you’re going through a divorce and concerned about alimony payments, get in touch with the experienced Dupage County divorce lawyers at Andrew Cores Family Law Group for assistance in comprehending your spousal maintenance duty. For a complimentary introductory consultation, call 630-871-1002.