September 10, 2024 / Spousal Support

What’s The Difference Between Alimony Vs. Spousal Support?

Spousal support is a big deal in divorces and is bound to come up if you and your partner decide to separate. Maybe you quit your job to raise the kids while your spouse worked, and now you’re getting divorced and wondering if you’ll get any money. Or perhaps you put your own career on hold to support your spouse’s. What happens when the marriage ends?

The reality is that you may need to start over, and that requires resources. That’s where spousal support comes in. People use the words “alimony” and “spousal support” interchangeably, but is there a difference? The short answer is no–they both refer to financial support awarded to one partner after a divorce.

The Illinois Marriage and Dissolution of Marriage Act governs spousal support in Chicago, where it’s referred to as “spousal maintenance.”

Defining The Terms

The concept of alimony has existed for centuries. The term is derived from the Latin word “alimōnia,” meaning “nourishment.” Since wives almost exclusively depended on their husbands for basic provisions in centuries past, courts awarded them alimony to prevent them from facing abject poverty after divorce.

The American legal system borrowed this concept and term from English law. For many years, courts were skewed toward women and awarded them alimony to help them rebuild financially as the men moved on with their new families after divorce in Chicago.

In the 1970s, however, a change of discourse sought to address the gender bias in the concept of awarding alimony. The term “spousal support” was shifted to make the topic more gender-neutral. 

Over the years, the standards of awarding spousal support have also evolved as husbands started receiving spousal support. Alimony awards now depend on various factors, and different states have different requirements and guidelines for granting spousal support. 

Spousal Maintenance In Chicago

In Chicago, the laws surrounding spousal support take into account several factors, including the following:

  • Each party’s income and property, including marital and non-marital property
  • Each party’s needs
  • Each party’s realistic present and future earning capacity
  • The present and future earning capacity impairment attributable to the marriage
  • The present and future earning capacity impairment of the party providing maintenance
  • The effect of parental responsibility arrangements on earning capacity
  • The standard of living established during the marriage
  • The duration of the marriage
  • Any valid agreements between the parties
  • The age, health, occupation, and sources of income of both spouses
  • Any other factor the court deems relevant

Section 504 of the Illinois Marriage and Dissolution of Marriage Act provides an exhaustive list of the factors that inform spousal maintenance agreements.

Calculating Spousal Support

Chicago courts use a formula to calculate spousal support awards: take 33.3% of the higher earner’s net income, then subtract 25% of the lower earner’s net income.

The resulting amount is the yearly maintenance payable. It can’t be more than 40% of the combined net income of both parties.

Types Of Spousal Maintenance

If you’re seeking alimony or your partner is asking for support from you, you might receive any of several types of spousal maintenance agreements, such as:

  • Temporary maintenance
  • Fixed-term maintenance
  • Indefinite maintenance
  • Reviewable maintenance

Each case of divorce and spousal support features unique facts and considerations that guide support agreements. Working with a qualified spousal maintenance lawyer can help you protect your financial rights.

Spousal Support Is A Post-Marriage Right

The issue of spousal support is somewhat contentious–there are many arguments for and against it and many interpretations of the laws that govern it. Fortunately, these laws rely not on emotional appeals but logically sound justifications.

Even so, spousal support cases can be complex because they require full financial disclosure, which doesn’t always happen at the height of a divorce. An attorney can help you compile all relevant documents and assets that could influence your spousal maintenance ruling.

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