How Long Do Alimony Payments Last in Chicago, IL?
The length of time alimony payments last can vary significantly. It is often linked to the duration of the marriage and other factors and can potentially last anywhere from a few years to decades. Those currently paying alimony and those who may soon have to pay can find the specific end date in their court order or consult with an attorney specializing in alimony cases.
What is Alimony or Spousal Support?
There is no difference between the terms alimony vs. spousal support. The term alimony is still commonly used but is considered an outdated term compared to spousal support, as the latter is gender-neutral. Both terms refer to the post-divorce financial adjustment designed to mitigate the economic disparities between former partners.
Alimony & Spousal Support Laws in Chicago, IL
In Illinois, the duration of spousal support is directly tied to the length of the marriage. However, no fixed length of marriage guarantees alimony. Courts consider various factors, including earning capacity and standard of living, when determining eligibility.
Under Illinois’s Marriage and Dissolution of Marriage Act, there are rough guidelines for spousal support. For marriages under five years, support may last for 20% of the marriage’s duration. Longer marriages result in proportionally longer support periods: 44-60% for 10-15 years, 64-80% for 15-20 years, and up to the full length of the marriage for 20+ years, with the possibility of indefinite support in some instances.
Illinois also allows for indefinite alimony, known as lifetime alimony. This type of alimony continues until the recipient’s death or remarriage and is typically awarded in marriages lasting 20 years or more. The specific amount of alimony awarded in Illinois is determined on a case-by-case basis, considering various factors.
Who Pays For Spousal Support, and How Is It Calculated?
Spousal support is determined on a case-by-case basis, considering the unique financial realities of each partner in the marriage being dissolved. The decision regarding who pays and how much hinges on a thorough assessment of factors such as current and future income, assets, liabilities, educational attainment, and earning capacity.
If you are wondering if you will have to pay spousal support, consult with a Chicago divorce lawyer to learn more.
Illinois spousal support calculations are not formulaic. As each divorce presents unique, nuanced circumstances, experienced legal guidance is essential. A Chicago spousal support attorney can ensure a fair and reasonable outcome.
When Does Spousal Support End?
Spousal support can end due to a court order, the recipient’s remarriage, or the death of either party, regardless of marriage length. In Illinois, remarriage automatically terminates spousal support unless the divorce agreement stipulates otherwise. Moreover, Illinois courts may also terminate support if the recipient enters a marriage-like relationship, including cohabitation.
In Illinois, spousal maintenance agreements can be modified, but only upon a showing of a substantial change in circumstances. The court may adjust the maintenance amount if there is a material change in either party’s situation.
Examples of substantial changes include a significant decrease in the paying spouse’s income due to involuntary job loss, a debilitating injury impacting earning capacity, or retirement. Conversely, a substantial increase in the receiving spouse’s income or a demonstrable change in their needs can also be grounds for modification.
If you are concerned about ongoing spousal support obligations, particularly in Illinois, consult with an experienced Chicago spousal support attorney to determine if you can petition the court for modification or termination. Secure your legal interests in divorce or dissolution proceedings. An experienced attorney can make sure that your current and future interests are protected.
Contact the Chicago Family Lawyers at KHK Family Law & Divorce Attorneys To Get Legal Assistance Today
To learn more and get the help you deserve, call our Divorce lawyers or reach out to KHK Family Law & Divorce Attorneys online by visiting our contact us page.
We serve Cook County and surrounding areas in Illinois. You can also visit our offices in Chicago. We are conveniently located in:
KHK Family Law & Divorce Attorneys Chicago Office
166 W Washington St suite 400, Chicago, IL 60602, United States
(312) 702-0068