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Calculating Spousal Support in Illinois
Unlike child support, Illinois does not apply a strict formula when it comes to calculating spousal support (sometimes known as “alimony” or “spousal maintenance”) during and after a divorce. Illinois has 3 distinct types of spousal support: temporary maintenance (which lasts during the divorce proceedings), rehabilitative maintenance (which lasts until the spouse can become self-sufficient), and permanent maintenance.
When a divorce is pending, the dependent spouse can seek temporary maintenance. This support will end when the divorce becomes final, at which point the spouse will have to seek rehabilitative or permanent maintenance.
In deciding to award any type of spousal maintenance, the Illinois court will consider the following factors:
- The income and property of each party
- The needs of each party
- The present and future earning capacity of each party
- Impairment of the earning capacity of the party seeking support due to serving as a homemaker
- The time necessary for the party seeking support to acquire appropriate employment
- The standard of living during the marriage
- The duration of the marriage
- The age and health of both parties
- Contribution of the party seeking support to the education, training, or career of the other party
- Any valid agreement between the parties
The Illinois court may also consider any other relevant factors. The obligation to pay spousal support can terminate at the death or remarriage of the receiving spouse, or the death, retirement or disability of the paying spouse.
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