Following a divorce, the financially advantaged partner may have a duty to pay alimony to their former partner. You may be wondering: How long does spousal support in Illinois last? The most important variable is the length of the marriage. Here, our Naperville divorce attorneys explain what you need to know about the duration of spousal support.
As a starting point, it is important to clarify the type of spousal support you are paying. The duration of alimony will depend, among other things, on the specific type of support awarded. Under the Illinois Marriage and Dissolution of Marriage Act there are four (4) primary types of spouse support:
The issue of spousal support could also be resolved with a lump-sum payment as part of a divorce settlement. For example, the spouse who is entitled to receive ongoing alimony payments from their former partner could waive that right in exchange for some form of consideration in a broader separation agreement.
When most people are looking for information about how long they will have to pay alimony, they are thinking about fixed-term alimony or indefinite alimony. The main factor that determines how long you must pay is the length of the marriage. Illinois has general guidelines in place for determining the duration of spousal support. Here is a basic overview of the alimony guidelines:
The duration of alimony is proportional to the length of the marriage. Illinois uses a specific formula to determine the basic guidelines. However, family law judges have some discretion in deviating from the guidelines when deemed appropriate.
Spousal support, or maintenance, is financial support paid by one spouse to the other after a divorce to help the lower-earning spouse maintain the standard of living established during the marriage.
No, spousal support is not mandatory in Illinois. It is only awarded if there is a significant disparity in income between the spouses.
Illinois uses a standard formula for calculating spousal support. The formula is: 33.3% of the payor’s net annual income minus 25% of the payee’s net annual income. The amount cannot exceed 40% of the combined net income of both parties.
Factors include the length of the marriage, the income and property of each spouse, the standard of living during the marriage, the age and health of both parties, and the ability of the spouse seeking support to become self-supporting.
The duration of spousal support depends on the length of the marriage and other factors. It can be temporary (fixed-term) or permanent (indefinite), especially in cases where the recipient cannot become self-supporting due to age, illness, or disability.
Yes, spousal support can be modified if there is a significant change in financial circumstances for either party. The court will review the case and make adjustments as necessary.
If the paying spouse refuses to pay, the recipient can file for enforcement of the spousal support order. The court can take actions such as wage garnishment or placing liens on property to ensure compliance.
At Keller Legal Services, our Naperville divorce lawyers take a results-oriented, client-centered approach to every case. If you have any questions about the duration of spousal support in Illinois, we can help. Contact us now to schedule a free, no-obligation initial consultation. We handle spousal support cases in Naperville, Bolingbrook, and throughout the surrounding region in Will County and DuPage County.
(Updated 11/6/2024)