2021 is shaping up to be another challenging year for married couples and families. Many couples have spent too much time together with few of the outlets for enjoyment and distraction they used to enjoy. With more people working from home and experiencing job loss, household responsibilities have shifted, and many people’s anxiety has increased. Nearly 75% of the licensed psychologists who treat patients for anxiety have seen an increase in demand since the pandemic. These pressures have also led many Illinois couples to decide to pull the plug on their marriages. If you are considering filing for divorce in Illinois but have questions regarding alimony, we are here to help.
Are You Entitled to Alimony in Illinois?
Illinois recently changed some of the regulations related to alimony. If you are considering divorce, you are probably wondering if you are entitled to alimony, now called spousal support. Courts award alimony to provide the financially dependent spouse with some independence during and after the divorce. Before courts apply a formula to determine how much alimony a spouse should receive, they must decide whether alimony is appropriate at all using multiple factors, including:
- The property and income of each spouse, taking into account the property division process
- Each spouse’s needs (This is prong one of the two part test. If neither spouse needs alimony, the assessment stops there.)
- The realistic present and future earning capacity of each spouse
- Any impairment of the present and future earning capacity of the spouse seeking maintenance due to one spouse delaying or stopping his or her career advancement or education because of marriage or childcare
- The time required by each spouse to secure the education or job training necessary to advance his or her career and employment prospects
- The length of the marriage
- The age, income, job skills, physical health, and employability of each spouse
How Much Alimony Will I Receive?
In Illinois, courts apply a specific formula when the couples earn less than a combined income of $500,000 annually, and the alimony payer is not obligated to pay child support and/or alimony from a previous relationship. The formula to calculate alimony in Illinois is as follows: 33% of the payer’s net income minus 25% of the payee’s net income = the yearly alimony the payor must pay.
However, spousal support cannot cause one spouse to earn over 40% of the couple’s combined income. The length the payor spouse must pay alimony depends on the length of the marriage. If someone has been married less than five years, the spousal support must be paid for 20% of the time they were married. That percentage changes depending on the length of the marriage. For example, suppose a couple was married for 10 years, the payor spouse must pay alimony for 4.4 years.
Contact an Illinois Alimony Lawyer Today
If you are considering a divorce in Cook County, Glasgow & Olsson is here to help. When you need an attorney, experience matters. We do not provide a free consultation because we view your initial consultation as the most important meeting you will have regarding your divorce. Contact us today to learn how we can represent you.