If you are going through a divorce in Illinois, you may be wondering if you will be responsible to pay spousal support or, if you make less than your spouse, if you will be the recipient of support. The judge will take into consideration a variety of factors when determining what, if any, money a spouse may pay to the other, and it may be a temporary installment or longer term.
According to FindLaw, the court weighs a number of factors before deciding if support, also known as alimony or maintenance, is appropriate. These considerations include
- The assets and income of each spouse
- The earning ability, and sources of income, of each party
- The financial needs and current standard of living of each spouse
- The length of the marriage
- Contributions of the one seeking alimony towards the education, training or other career support of the other party
- Tax consequences of maintenance and division of property
The Illinois Bar Journal discusses the formula that the court uses to determine how much alimony one party will pay if the combined income is less than $250,000. It is 30% of the gross income of the one paying minus 20% of the receiver's gross income. The judge then determines the duration of the payments, which is taking the number of years of marriage and multiplying it times a pre-determined decimal amount. This judge uses this formula only if the payor is not currently paying alimony or child support from a previous relationship. Either party can review or ask for modification of the maintenance.