How Long Will My Illinois Spousal Support Last?

alimonyUnlike child support, spousal support is not guaranteed in Illinois divorces. When you get a divorce and you and your ex have a child together, the spouse who has the child a majority of the time will receive child support payments, whereas it will be determined whether or not a maintenance award is even appropriate. Certain circumstances and factors are examined to make this determination, including the income of each spouse, any impairment of each spouse’s earning capacity, the duration of the marriage and the standard of living that was established during the marriage. Even if you are awarded a maintenance payment, the length of the award depends on a number of factors, as well.

Length of Marriage Will Determine Length of Payments

According to the Illinois Marriage and Dissolution of Marriage Act, the length of time you were married will directly impact the length of time you are paid maintenance payments. The Act outlines specific multipliers to use with the length of marriage in years to find out the duration of your payments. Examples of the multiplying factors include:

  • Less than five years of marriage to seven years of marriage: .20-.32;
  • Eight years of marriage to 10 years of marriage: .36-.44;
  • Eleven years of marriage to 13 years of marriage: .48-.56;
  • Fourteen years of marriage to 16 years of marriage: .60-.68;
  • Seventeen years of marriage to 19 years of marriage: .72-.80; and
  • Twenty years or more of marriage: Equal to the length of the marriage or indefinitely.

For example, a person that was married to their spouse for 16 years will receive payments for 10.88 years. When a maintenance order is entered, there must be an extreme change in circumstances for the duration or amount of maintenance paid to be changed.

An Aurora, IL Spousal Maintenance Lawyer Can Help

Divorces can be stressful, especially if it is contested. Not all divorce cases will involve maintenance awards, but depending on your circumstances, you may be awarded spousal maintenance. The best way to make sure you are getting your fair share of marital property and spousal maintenance is by hiring an experienced DuPage County spousal maintenance lawyer. At the Law Office of Matthew M. Williams, P.C., we have extensive knowledge of Illinois’ Marriage and Dissolution of Marriage Act and the rules concerning spousal maintenance. Contact our office by calling 630-409-8184 to set up a consultation today.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

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