Calculating Your Spousal Maintenance Responsibility

 Posted on December 00, 0000 in Spousal Support

If you are considering divorce, you may already be aware that spousal maintenance, or alimony, is not a guaranteed right for either spouse. Based on the circumstances of your marriage—and especially if you earn significantly more than your spouse, and he or she has been financially dependent on you—you may expect to be ordered to pay spousal support. You may even be quite willing to make maintenance payments as, even though you no longer wish to remain married, you do not need to see your soon-to-be ex-spouse suffer, particularly if the two of you have children together. While you may be expecting to pay alimony, it is often helpful to get an idea of just how much those payments will be and for how long.

Payment Amounts

Assuming the court agrees that spousal maintenance is needed based on the consideration of a number of factors, the law provides a method for calculating spousal support payments. The most common way is through a statutory formula intended to be used in the vast majority of cases in which the couple’s combined income is less than $250,000, and the paying spouse is not supporting children from a previous relationship or another former spouse. In such a case, the amount to be paid is found by taking 30 percent of the payor’s gross income and subtracting 20 percent of the recipient’s gross income. The amount paid as maintenance plus the recipient’s income may not exceed 40 percent of the couple’s combined income.

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Spousal Maintenance When Your Ex Has a New Partner

 Posted on December 00, 0000 in Spousal Support

When you are required to pay alimony—also known as spousal maintenance under Illinois law—your payments are intended to help your former spouse alleviate some of the financial impact of the divorce. To a certain extent, maintenance is also used to help an economically disadvantaged spouse retain a semblance of the lifestyle the two of you enjoyed during your marriage. But, what happens when your spouse meets someone new? Could his or her new relationship affect your requirements for continuing spousal support payments?

An order for spousal maintenance is typically set for a specific number of months or years. Alternatively, the payments may be ordered to continue on a permanent basis. “Permanent,” however, only means that there is no date set on which the order will be terminated. It does mean that the payments will continue forever no matter what. There are certain factors or occurrences that could allow you to stop paying maintenance to your ex-spouse despite a permanent award.

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Spousal Maintenance Is Not Guaranteed in Divorce

 Posted on December 00, 0000 in Spousal Support

If nostalgic television programs are to be believed, the “model” American family looked very different several decades ago as compared to today. In many cases, one spouse—usually the husband—was the sole wage-earner while the other spouse—usually the wife—stayed home to manage the household and the children. While this scenario was not the reality in every family, it was common enough that if a marriage ended in divorce, most people presumed that the husband would be required to pay alimony to his wife so that she could continue meeting her day-to-day needs as well as those of the children.

Over the last few decades, there has been a dramatic shift in the family unit. Today, very few families can afford to survive on a single income, and the roles of each spouse may be defined to meet the particular family’s needs rather that adhering to strict social expectations. Such changes have also been reflected in Illinois laws regarding divorce, with a focus on making the process as equitable as possible. For this reason, alimony—also known as maintenance—is not guaranteed in a divorce proceeding, and will not be awarded unless the court determines that an actual need exists.

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How Much Maintenance Will I Pay?

 Posted on December 00, 0000 in Spousal Support

In a recent post on this blog, we discussed the criteria used by Illinois courts to determine whether spousal maintenance was appropriate following a divorce. The law requires a court to look at various factors relevant to the marriage and each spouse’s financial situation to ensure that a need for spousal support actually exists. If maintenance is found to be appropriate, the court must then calculate how much is to be paid and for how long. Illinois law also provides guidance regarding these considerations as well.

Maintenance Amounts

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) provides a specific formula to be used in situations where the couple’s combined income is less than $250,000 per year and the paying party has no other obligations for maintenance or child support from a previous relationship. In such a case, the amount of support to be paid is found by taking 30 percent of the paying spouse’s gross income and subtracting 20 percent of the receiving spouse’s net income. The difference will be the amount expected to be paid unless that amount plus the recipient’s income equals more than 40 percent of the couple’s combined income.

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When to Seek Alimony Modification

 Posted on December 00, 0000 in Spousal Support

Life is full of changes. New houses, new jobs, new children, new expenses and the list goes on. Even after a divorce is finalized changes occur for both former spouses, and those changes may allow one or the other to seek an alimony modification.

Yes, you read that right. An alimony modification may be made if either party experiences a change in circumstances that impact either the amount needed or amount available to be paid. A knowledgeable alimony modification attorney can help either the payor or payee seek the relief that allows each to continue managing their incomes and expenses.

Reasons to Seek an Alimony Modification

Sometimes the spouses can come to an agreement for support modification on their own, but any oral agreement is difficult to enforce should one party decide they no longer wish to honor it. With the assistance of an experienced alimony modification attorney, there are several options to consider when seeking a change in the amount of alimony paid.

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Tales of the Strange Reasons for Divorce

 Posted on December 00, 0000 in Spousal Support

The reasons couples get divorced vary from the very common to quite unique. In some cases, tales of the odd and downright unbelievable accompany court filings. Whether they are true or just some ploy to gain sympathy from the court in an effort to win more a more favorable alimony settlement, there are anecdotes of some very bizarre reasons why individuals have sought a divorce from their spouse.

Examining Some of The Most Bizarre

Infidelity, abuse, chemical dependency, mental illness and even irreconcilable differences are probably some of the most commonly applied reasons for divorce, Here, however, we are taking a look at some of the strangest reasons people filed for divorce from around the world.

• My wife is possessed: Not possessive, but rather possessed … as in, by an evil spirit or the devil. An Italian man used this as his grounds for seeking a no-fault divorce. He even supplied witnesses to his wife’s odd behavior. In the end, he got his divorce.

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How Spousal Maintenance Is Calculated in Illinois

 Posted on December 00, 0000 in Spousal Support

If you are going through a divorce, you may wonder if you’re entitled to financial support from your spouse. Spousal maintenance is the term that the state of Illinois uses instead of alimony, though they are the same thing. In the past, courts viewed alimony as payments from the husband to continue his obligation to support his wife. Now, spousal maintenance is awarded to either spouse depending on a variety of factors.

Determining Factors for Spousal Maintenance Eligibility

When you seek maintenance from your spouse, the court will first determine whether or not you are eligible to receive these payments. In Illinois, eligibility determinations are based on these factors:

• The income and property of each person, including marital property that has already been divided and property that has been deemed non-marital property;
• The needs of each person;
• The present and future earning capacity of each person;

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How Long Will My Illinois Spousal Support Last?

 Posted on December 00, 0000 in Spousal Support

Unlike child support, spousal support is not guaranteed in Illinois divorces. When you get a divorce and you and your ex have a child together, the spouse who has the child a majority of the time will receive child support payments, whereas it will be determined whether or not a maintenance award is even appropriate. Certain circumstances and factors are examined to make this determination, including the income of each spouse, any impairment of each spouse’s earning capacity, the duration of the marriage and the standard of living that was established during the marriage. Even if you are awarded a maintenance payment, the length of the award depends on a number of factors, as well. Length of Marriage Will Determine Length of Payments.

According to the Illinois Marriage and Dissolution of Marriage Act, the length of time you were married will directly impact the length of time you are paid maintenance payments. The Act outlines specific multipliers to use with the length of marriage in years to find out the duration of your payments. Examples of the multiplying factors include:

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Steps Stay-at-Home Parents Should Take When Filing for Divorce

 Posted on December 00, 0000 in Spousal Support

When you are going through a divorce as a stay-at-home parent, you often have different things to worry about than if you were a working parent. Most of the time, stay-at-home parents sacrificed their careers or education to stay home and take care of the children. This can be problematic for them because stay-at-home parents typically rely on the income of their spouse to support the family. When you get a divorce, you find yourself being put into a situation where you must re-enter the workforce with little or outdated education and large gaps in your employment history. In these situations, spousal maintenance is used as a tool to keep you on your feet. Here are five steps you should take when you are a stay-at-home parent who is getting a divorce.

Gather All of Your Financial Documents

First things first -- you need to have all paperwork on your finances ready to present to a divorce lawyer. These documents can include:

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New Illinois Maintenance Laws for 2019

 Posted on December 00, 0000 in Spousal Support

Divorce is always complicated, no matter how you look at it. There are many issues you must settle before you can finalize your divorce, one of those being the issue of alimony or spousal maintenance. In Illinois divorce cases, spousal maintenance is never guaranteed -- some people will ask for maintenance and not receive it, some will never even bring the issue up and some are actually awarded maintenance when they seek it. For some people, maintenance is a necessity to help them survive, at least for the first couple of months after the divorce. Illinois spousal maintenance laws changed starting January 1, 2019. These laws affect the way spousal maintenance is calculated, so it is important that you understand the changes if you have not yet finalized your divorce.

Old Maintenance Laws

Prior to 2019, spousal maintenance was calculated by taking 30 percent of the payer’s income and subtracting 20 percent of the receiver’s income. This was a valid calculation for any couple whose combined annual income was less than $500,000, though the total maintenance awarded was not able to be more than 40 percent of the couple’s combined income when adding the payment to the receiver’s income.

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