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How Much Spousal Maintenance Am I Entitled to in My Illinois Divorce?

Posted on in Divorce

Cook County divorce attorney spousal maintenance

Most people know that child support payments are used to help a divorced parent pay for child-related costs. However, fewer are aware that a similar form of support called spousal support or spousal maintenance exists. Spousal maintenance, which is commonly referred to as alimony, is financial support that a spouse pays to the other spouse during or after divorce. The amount of support that a spouse may be entitled to depends on several factors. If you are interested in pursuing spousal maintenance, an experienced divorce lawyer can help.  

Determining Spousal Maintenance in the Absence of a Marital Agreement

If you and your spouse do not have a prenuptial agreement or postnuptial agreement that addresses spousal maintenance, or, your agreement is considered invalid, the court will make a decision about your entitlement to maintenance. When deciding whether or not to award maintenance to a spouse, the court will consider many factors, including:

  • Each spouse’s employment, income, assets, and overall financial circumstances

  • Each spouse’s legitimate needs

  • The present and future income-earning ability of each spouse

  • Whether the spouse requesting support sacrificed educational opportunities or career advancements for the betterment of the family

  • The ability of the spouse who is requesting support to become self-supporting

  • The length of the marriage and the standard of living during the marriage

Calculating the Amount of Spousal Maintenance a Spouse Receives

If the court decides that spousal support is appropriate, a decision about the amount and duration of maintenance payments will need to be made. If the spouses’ combined income is less than $500,000, statutory formulas will be used to determine the amount of spousal maintenance. If their combined income is greater than $500,000, the court may deviate from the formulas. If the statutory formulas apply, maintenance is determined by subtracting 25 percent of the recipient’s net income from 33 percent of the obligor spouse’s net income. The amount of maintenance that a spouse is required to pay cannot exceed 40 percent of the spouses’ combined net income. The length of time that a spouse receives maintenance is determined by the spouse’s needs and the duration of the marriage. Typically, the longer the spouses were married, the longer maintenance payments last. However, maintenance terminates when the recipient spouse remarries or moves in with a significant other.

Contact a Hinsdale Spousal Support Lawyer

Getting a divorce can impact you in several ways, including financially. If you are considering divorce and you would like to learn more about your right to pursue spousal maintenance or alimony, contact Botti Marinaccio, LTD. You may be entitled to financial support after your Illinois divorce. Call our office today at 630-575-8585 to schedule a confidential consultation with an experienced Cook County divorce attorney from our firm.



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Botti Marinaccio, LTD.


2015 Spring Road, Oak Brook, IL 60523

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