The state of Illinois does not require you to pay your ex-spouse alimony, now known as “maintenance” but better known as “spousal support.” However, divorce court judges are likely to order one spouse to pay the other maintenance during a divorce settlement. Your gender does not matter. Whether you are the man or woman, you may become obligated to pay your ex monthly maintenance so that she or he can continue living as she or he lived during your marriage.
Before a judge renders this financial obligation, she or he will consider a multitude of factors, such as your ex’s capability of supporting herself or himself, earning capacity, her or his lifestyle during the marriage, and more, including:
Emotional conditions, such as whether your ex requires emotional therapy
Physical conditions, such as whether your ex requires physical therapy (for an incident that occurred during the marriage, even if not at your hands, like a car accident or slip and fall accident)
The length of your marriage
Yours and your ex’s age(s)
Here is the formula for how a judge will determine the maintenance you’ll owe. It’s 33% of the payer’s net income minus 25% of the receiver’s net income. The number of years you’ll be required to pay varies. For example, if you and your spouse were married for ten years, one of you will have to pay maintenance for four years and four months. If you’ve been married for sixteen years, one of you will have to pay the other for six years and eight months. Because these calculations can be confusing and complex, consult with the best Chicago divorce lawyer has to offer by contacting us at Hurst, Robin, Kay & Allen.