What is alimony? Alimony takes the form of payments one spouse makes to another during or after a divorce to help with the recipient spouse’s financial stability. It is not granted automatically. Instead, a spouse in Oakbrook Terrace must ask the court for alimony. The court may grant the request, depending on the standard of living during the marriage and each spouse’s earning capacity, health, income, property, and contributions to the marriage, among other factors. Longer marriages are more likely to result in lengthier, higher alimony awards.
Call Erlich Law Office at (630) 538-5331 for a divorce or alimony consultation.
What Is Alimony?
In divorces, alimony tends to be one part of a larger picture with other issues, such as the division of marital property, child support, and child custody. Unlike child support, which is mandatory in divorces involving children the spouses share, spouses must request alimony. The courts do not take the initiative on their own to assess financial need. However, they can review various considerations if one spouse asks for alimony and determine whether to grant it, for how much, and for how long.
That said, many alimony decisions are made by the spouses themselves. As long as their marital settlement agreement seems fair, the court should approve it. Spouses can discuss the matter themselves or with the help of third parties like divorce lawyers and mediators.
Alimony can be awarded on a temporary basis while a divorce is proceeding. This money helps the lower-earning spouse with a fair standard of living until a final divorce settlement occurs. It does not always mean alimony will be granted after the divorce.
For instance, the property division during divorce might give the lower-earning spouse enough financial stability through savings accounts, investments, or marital assets. In another scenario, the court might find that the lower-earning spouse has the ability to quickly become self-sufficient and does not need alimony after the divorce. In a third type of situation, the marriage might have been so brief that the court decides post-divorce alimony is not justified.
Key Factors That Determine Alimony in Divorce Cases
When spouses in Oakbrook Terrace decide alimony themselves, they often weigh the same factors the court must. Courts review considerations such as:
- How long the marriage lasted: Alimony tends to last longer for longer marriages, especially with the higher likelihoods of financial interdependence and both spouses making many financial and nonfinancial contributions to the marriage. Alimony may even be permanent for marriages lasting more than 20 years.
- Standard of living during the marriage: The court tries to make sure both spouses have a standard of living after the marriage that resembles how they lived during the marriage.
- The spouse’s need for support: The spouse requesting alimony should show need, such as lower earning capacity or fewer assets.
- The other spouse’s ability to pay: The court reviews each spouse’s income, assets, financial obligations, and financial resources to determine the need for support and the ability to pay.
- The spouses’ ability to earn money: Factors include the spouses’ job experience, education, and skills.
- The spouses’ age and health: Health issues can affect financial need and earning capacity, and alimony considerations for a spouse 20 years from retirement can differ vastly from those for a spouse nearing retirement or already in retirement.
Financial and nonfinancial contributions both spouses made to the marriage are also important considerations. In a common scenario, the spouse asking for alimony may have, years earlier, worked to support the other spouse’s education financially and then left the workforce when children arrived.
Illinois courts can follow an alimony formula guided by marriage length. Alimony amounts should be 33% of the payer’s net income minus 25% of the recipient’s net income. However, the recipient’s total income, with alimony included, cannot total more than 40% of the spouses’ net income.
Courts may choose to deviate from formulas when needed. This often happens when the spouses make significant money, such as $500,000 or more per year. Chicago has 120,500 millionaires, with about one in every 22 Chicago residents being a millionaire.
Alimony’s Interplay With Other Divorce Issues in Oakbrook Terrace
Other divorce issues, such as property division, can factor into alimony determinations. A spouse might give up a piece of property in exchange for more alimony, or alimony could be reduced for a spouse who retains an asset. The spouses could even choose a lump-sum alimony payment as part of a property settlement that allows them to make a clean financial break instead of having the reminder of monthly payments.
Child custody can affect alimony in several ways. A notable one occurs if one spouse has full custody. This spouse may have less ability to earn income or contribute financially to the household, due to the responsibilities of caring for the children. Thus, this spouse’s need for financial support could increase. Meanwhile, a spouse who shares major responsibilities for childcare could cite these responsibilities as a reason to pay less alimony.
Issues related to previous divorces or relationships can impact when alimony is awarded in divorce, too. A spouse who already has child support or alimony obligations from previous marriages or relationships has fewer financial resources for paying new alimony.
Contesting a divorce can impact alimony, as well. In uncontested divorces, the spouses work out alimony between themselves, which avoids court battles and the associated strains. Contesting a divorce with alimony as a point of contention can lead to more fighting and entrenched positions.
Considerations such as dissipation can also affect alimony awards. Dissipation occurs when one spouse uses up marital assets, such as through excessive spending or gambling. If the spouse spending the money is the one requesting alimony, the court could reduce the amount of alimony the spouse gets or deny the request altogether.
Having an affair does not necessarily affect alimony in Oakbrook Terrace due to the no-fault divorce system in Illinois. However, an affair can have an indirect effect through ways such as dissipation of assets to fund the affair or financially support the new partner. Similarly, a spouse who feels betrayed by an affair might request more alimony during out-of-court negotiations.
How a Divorce Lawyer Can Help With Alimony Agreements
Alimony can be complex, and a divorce lawyer can help in several ways. A major one is helping clients with understanding spousal support payments.
- Reviewing eligibility: Your lawyer can determine whether you could be eligible for alimony, depending on the nuances of your situation and the laws in Illinois. The reverse is true too; your lawyer can determine if it is likely you would have to pay alimony.
- Negotiating: An uncontested divorce lawyer can work toward a fair marital settlement agreement that avoids stressful court battles.
- Advocating: If a divorce goes to court, your lawyer can represent your alimony interests and other interests.
- Modifying: The need for alimony can change after a divorce, for example, in situations involving losing a job or remarrying. A lawyer can explain how to modify a marital settlement agreement and help you throughout the process of getting these changes.
Perspective is something else a lawyer can offer. Alimony is often a highly emotional issue, with one spouse reluctant to part with what he or she views as hard-earned money and seeing a requesting spouse as greedy.
A lawyer can help a spouse who has to pay alimony understand the rationale behind alimony and why paying it could be fair. This can help the spouse move on better emotionally after the divorce and preserve a co-parenting relationship.
At the same time, a lawyer can identify unfair alimony requests and prevent a spouse from making major financial mistakes. Calculating equitable amounts and lengths of alimony can be a delicate balancing act, and lawyers should be able to assist with this.
Avoiding mistakes is another major benefit of having a lawyer for alimony. A lawyer can evaluate how alimony fits into your overall financial picture. Calculating future income capacity and other factors are easier to do with a lawyer’s assistance, as well.
The terms of the court order or alimony agreement may be confusing, too, and your attorney can review these terms with you so you do not make mistakes that could be legally or financially costly. You should have alimony agreements in writing and with court approval. Verbal agreements can easily result in fights down the road.
Each divorce is different, and what works for one couple likely will not for another. Your lawyer helps you figure out customized, equitable solutions. Contact us at Erlich Law to talk about your needs.
