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The general standard in most locations holds that spousal maintenance can be awarded if the spouse lacks sufficient property, including marital property apportioned to her to provide for her reasonable needs and expenses and is unable to support herself through appropriate employment.
You are not legally obligated to support her. If a divorce is filed the court could make alimony retroactive.
Whatever the reason, today's truth is that women, not men, take the financial hit in divorce -- and it takes years to recover. Multiple studies conducted over the last 10 years all demonstrate that a woman's income drops significantly after divorce, while a man's stays the same or increases.
The basic formula for calculating maintenance is 1/3 of the paying spouse's net income minus 1/4 of receiving spouse's net income. Again, the amount of support awarded can't be more than 40% of the couple's combined net income.
The Illinois Marriage and Dissolution of Marriage of Act sets out three different types of maintenance: fixed-term, reviewable, and indefinite.
The purpose of spousal maintenance is to ensure both parties have financial security after the divorce. Judges do not award alimony to punish one ex-spouse or reward the other. Instead, the court decides whether to award alimony strictly on financial and equitable grounds.
Guideline Maintenance After January 1, 2019 Under the current guidelines, an annual maintenance award is calculated by taking 33 1/3% of the supporting spouse's net annual income minus 25% of the receiving spouse's net annual income, as opposed to gross income.
The percentage increases the longer you and your spouse were together, so for 10 years, you may receive four years of support; for 15, you may be entitled to 10 years of payments. Once you reach 20 plus years, you are generally able to collect spousal maintenance for the same amount of time as you were married.
The modification of maintenance is covered by 750 ILCS 5/510. An order of maintenance can only be modified or terminated upon a substantial change in circumstances. Most maintenance obligations are for a set period of time, after which they may be subject to review.
Eligibility for Alimony in Illinois Standard of living established during marriage. Age, health, employability, and educational level of each spouse. Earning capacity and ability to become self-supporting for the spouse seeking maintenance. Property, including marital and non-marital assets, divided between spouses.
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