How Is Alimony Calculated in Illinois?
Illinois courts may award alimony payments, also called maintenance, during a divorce proceeding. One spouse makes alimony payments to the other, who is often the spouse in greater financial need. Alimony is often temporary, providing financial stability for a while as a spouse adjusts to being self-supporting. No specific formula exists for determining the amount of alimony. Instead, the court must examine a list of factors set forth in the Illinois Compiled Statutes (ILCS).
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Types of Alimony
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There are three types of alimony/maintenance in Illinois. Permanent alimony is rarely awarded and is reserved for long-term marriages (usually of more than 20 years) in which the receiving spouse is unable to work because of age, a health condition or an extended absence from the workforce. Next, temporary maintenance may be awarded at the court's discretion for a limited period of time if the requesting spouse can demonstrate a financial need. Lastly, rehabilitative maintenance is designed to provide financial support for a short period of time after the divorce while the receiving spouse receives training or education and becomes employed with a sufficient income to be self-supporting.
Alimony Guidelines
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Illinois law sets forth the guidelines a court must consider when setting the amount and duration of alimony. As described in 750 ILCS 5/501(a), these factors include the length of the marriage, the standard of living the spouses enjoyed throughout their marriage, each spouse's income, the value of each spouse's assets after the division of property during the divorce, each spouse's age and health conditions, the requesting spouse's financial need, the time that spouse needs to obtain training or education before finding appropriate employment and any circumstances that prevent the requesting spouse from maintaining employment, including her role as custodian to any young children from the marriage. The court can also consider any other circumstances it deems necessary to make a fair and equitable decision, except any allegations of marital misconduct (such as abuse, abandonment or adultery) by either spouse.
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Modification
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Either spouse can petition an Illinois court to modify an alimony order. A court will modify an order if the petitioning spouse can demonstrate that a "change in circumstances" has occurred since the initial order was issued. A change in circumstances is often an increase or decrease in either spouse's income. If the spouse paying alimony has suffered a loss in income, the court may decrease his alimony obligation. The same may occur if the receiving spouse obtains employment with sufficient income before the temporary or rehabilitative maintenance is scheduled to terminate. In order to determine if modification is appropriate and what amount the alimony obligation should be increased or decreased to, the court will examine the same guidelines used in issuing the initial alimony order.
Termination
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Periodic or rehabilitative alimony terminates on the date set forth in the court order. However, alimony payments will terminate early if either spouse dies or of the spouse receiving alimony gets remarried. Additionally, Illinois law now permits the paying spouse to seek termination if the receiving spouse does not get remarried, but is in a cohabitative marriage-like relationship. This prevents the receiving spouse from avoiding remarriage in order to take advantage of continued alimony payments.
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