What factors will a judge consider to determine alimony?

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What factors will a judge consider to determine alimony?

On Behalf of | Mar 12, 2022 | Firm News

When deciding whether an individual should pay their spouse alimony in Illinois, the court considers a variety of factors. The court may consider factors like:

  •         The income and property assets of each individual
  •         Each individual’s needs
  •         The earning capacity of each individual
  •         Any possible impairment of earning capacity of the requesting individual
  •         The time the requesting individual may need to obtain employment, training or education
  •         The length of the marriage
  •         The standard of living each individual had during the marriage
  •         The age, health status and occupation of each individual
  •         Any tax consequences that may arise for each individual
  •         Any previous and valid agreement for support
  •         Any other relevant factor

How much should I expect to pay in alimony?

If the court determines that you should pay alimony to your spouse, you may be wondering how much you can expect to pay. Illinois uses a simple calculator if your combined income is less than $500,000 and the payer is not paying child support or alimony from a previous marriage.

Payers’ yearly alimony is calculated as follows: 33.33% of the payer’s income minus 25% of the recipient’s income. The recipient cannot receive more than 40% of the combined income of both individuals.

When will alimony end?

Illinois uses a formula based on the marriage length to determine when the alimony payments may end. The court may use other factors to determine the termination of alimony, however.

One such instance is if the receiving individual remarries or moves in with a new partner. The court may also mandate that alimony payments end if the payer has a significant change in their financial situation. Determining whether you will need to pay alimony and how much may quickly become complicated, but know you are not alone in this process. 

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