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.
Illinois' Spousal Maintenance Formula Take 33.3% of the payor's net annual income. Subtract 25% of the recipient's net annual income. The difference is the annual maintenance amount.
The court doesn't divide non-marital property in a divorce. Instead, each spouse keeps their own. For marital property, the court decides on a division that is fair, which could be a 50/50 split or another arrangement based on the couple's situation.
40% of the high earner's net monthly income minus 50% of the low earner's net monthly income. For instance, if Spouse A earns $5,000 per month and Spouse B earns $2,500 per month, temporary spousal support might be calculated as follows: 40% of $5,000 = $2,000. 50% of $2,500 = $1,250.
In Illinois, the duration of alimony, or spousal maintenance, depends on the marriage's duration. In a marriage of under 5 years, maintenance payments last for 20% of the marriage's length. For a 9-10 year marriage, alimony payments last 40% of the marriage's length.
You are not legally obligated to support her. If a divorce is filed the court could make alimony retroactive.
Illinois law has several guidelines established to determine how long spousal maintenance payments last: If you were married five years or less, one year of spousal support. If you were married five to 10 years, 1.5 to four years. If you were married 10 to 20 years, 4.5 to 16 years.