Calculating Spousal Support in an Illinois Divorce

 Posted on June 05, 2017 in Family Law

While alimony awards during divorce are less frequent than they once were, there are times that it is still warranted. The following information explains how you can determine if you might be entitled to support (or required to pay it). You shall also learn how support is calculated during an Illinois divorce, and why legal assistance is recommended for those dealing with alimony issues.

When Alimony May Be Owed

Many situations may lead to a ruling for alimony, but most share a common thread: one spouse is financially disadvantaged. This disadvantage could be caused by a lack of education, job experience, training, health issues, or an extended period outside of the workforce. It can also mean more than an inability to support one’s self; it might also apply if one party has become accustomed to a particular lifestyle during the marriage but is unable to maintain it on their own. The latter is typically seen in high net worth divorces, but the former may occur during any divorce case.

Calculating Spousal Support

Spousal support, when awarded, is typically calculated through the use of a formula: 30 percent of the payor’s gross income, minus 20 percent of the payee’s gross income. It should be noted that there is a cap on the amount that may be awarded (40 percent of the couple’s combined income). The judge may also decide to deviate from the formula if the combined marital income exceeds $250,000, but they must provide adequate reasoning for doing so. Time over which support is to be paid will depend upon several factors, including the duration of the marriage, future employability of the disadvantaged spouse, and health of both parties.

Why Legal Assistance is Recommended

Although legal assistance is not required by either the payee or payor, it is highly suggested that both have an experienced lawyer on their side. Not only does this ensure that the rights of each party are protected, but it can also reduce the risk of an unsubstantiated award for the payor, or the denial of a much-needed award for the payee. In addition, a lawyer may be able to assist with an out-of-court resolution that may satisfy all involved parties.

If you are planning on filing for divorce and believe your spouse may pursue spousal support, or are a spouse that needs support, contact Mevorah & Giglio Law Offices for assistance. Backed by over 200 years of combined experience, our DuPage County alimony attorneys have the knowledge and skills needed to represent you in your case. In every situation, we pursue the most favorable outcome. Schedule your consultation by calling 630-932-9100.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000