How is Spousal Support Calculated?

Are you in the process of getting divorced and want to know how spousal support is calculated? Check out this short video with me and Chicago divorce attorney Mark Schondorf.

Hey, Barry here with the LawFull channel. In this video, I sit down with Mark to provide you some information on how alimony or spousal support is calculated.

So, what is spousal support? Spousal support, which is often called alimony, is money paid from one spouse to another after a divorce. The idea of alimony is to maintain the lifestyle that the other spouse enjoyed during the relationship.

Spousal support applies to men and women equally. So, if the husband was making more than the wife, he may have to pay spousal support and vice versa, a wife may have to pay spousal support to her husband.
Spousal support is not guaranteed in Illinois. But every state is different. So I encourage you to look at your state’s laws on alimony.

What are the factors in determining alimony? The factors in Illinois to look to determine whether a spouse will have to pay alimony include:

What are the spouses’ current income?
What is their potential income?
How much non-marital property does the spouse seeking support have?
How much marital property will the spouse seeking support get in the divorce?

So hypothetically, if the spouse seeking support has a lot of money, it is very possible that the other spouse will not have to pay spousal support.

Also, if both parties make similar income, it is likely that neither spouse will have to pay spousal support.

But things are changing in this field as women continue to make more and more money. But there is a classic alimony situation that Mark still sees:

A young couple gets married with no kids, then they have kids and the wife stays home to raise them. The husband is in the work force and advances and continues to make more and more money.

The wife meanwhile remains at home, does not have a job and does not advance her career and/or make more and more money.

In this “traditional” spousal support situation, the husband pays spousal support.

How long does spousal support go on for? Does alimony go on forever?
The answer is, it depends on the laws of the state you are in.

In Illinois, there is a table that determines how long spousal support goes on for. Very generally speaking, if the marriage lasted 5 years or less, then a spouse will be entitled to 20% of the time of the marriage in alimony – or one year.

If the marriage lasted 15 or 16 years etc., then the spouse might be entitled to 80 or 90% of the marriage in years of support.

After 20 years, the court might award 100% of the time of the marriage in support, or 20 years. The court may also award support indefinitely.

Is spousal support modifiable? In Illinois spousal support is modifiable upon a substantial change in circumstances. Meaning, if the spouse receiving spousal support gets a job and ends up making a lot of money, the spouse paying support might petition to have the support payment reduced.

Also, losing a job might be grounds for modifying spousal support as well.

Is alimony avoidable? It might be. In Illinois you can agree in a divorce decree that spousal support is non-modifiable. In that case, it may stick no matter what happens.

Are there alternatives to paying spousal support? There are. The parties in Illinois can enter into a “maintenance buyout” which provides the spouse a large chunk of money or property up front, thus terminating the obligation for spousal support.

Are there times when spousal support might end sooner than expected? There are. For example, if one of the parties dies in Illinois, that will terminate the payments.

And again if one spouse gets a great paying job, then spousal support may no longer be needed.

Finally, in Illinois, if one spouse starts cohabitating with a significant other on a conjugal basis, meaning truly living together, that might be grounds to end alimony payments.

[Justfrank_]

Just don’t get married so you won’t deal with this bs🤦🏾‍♂️

[thejourney]

This law is stupid af y must some1 enjoy the benefits from an ex if your not with them d fact that u were enjoying a standard of living is benefit of being with the person if u leave you should forfeit such perks

[LIVINGasMYAANN]

Spousal support is one of the dumbest thing ever, I’m watching videos of it so I can avoid it.

[OdhinnAwake]

Used to be, the gold digger stayed with a rich man for his money. Now, a gold digger leaves a rich man for his money.

[michaelorr]

I was married one year. No kids, no assets, just debt in my name, and a car. After a year, she left, took our only car and worked 2 more months, and quit. I was giving her money after 6 months since she quit her job. When i wasnt giving her the money she wanted, she took me to court. I had to get a car to keep my job (i have no liscence) to keep paying her and my own bills. Im suprised she was awarded anything. Especially only married 1 year, and no kids.

[donharris]

My wife tries to keep her pay raises a secret now, I can only imagine what it’ll be like after divorce.

[rrangel]

In Tennesee, I got stuck with an 8 years spousal support plan. $1, 000 a month. I can barely afford it. Even if my Ex starts to cohabitate with another male, how in the hell do I prove that in court? Hire an investigator?

[bigbert]

“The law doesn’t discriminate between men and women” what else is the WWE real wrestling

[kingsleyoppong-wereko]

Is spousal support based on the money that’s being made or the lifestyle being lived?
If I’m rich but I live modestly, I don’t waste money, no fancy cars and houses is her claim the modest lifestyle or my bank balance? Is it also based in income or net worth? If I simply stop working and earn no money but I own stock and never actually ashbout the investment what happens? There’s no income, no money just assets.

[kingjdeane]

Why should anyone pay spousal support it doesn't make any sense. Why should you pay someone else for a lifestyle they had with you after they decided to separate from you. That's obscured. Your employer doesn't pay you to live the lifestyle you lived when you worked at another business, (Its not their concern). You marry for love not for money or am I wrong.

Either way its a trap for the bread winner if its not a prenup its a spousal support
LOOK AT DR DRE AND HIS WIFE

[michellehughes]

My husband and I have been married almost 25 years. He's been the bread winner while I stayed home raising our 4 children. Prior to our last child graduating he closed our joint account leaving me with no money and forcing me to hurry up and get a full time job. Not only does he withhold all the money, he won't help pay for any of my bills causing me to fall further in debt while he lives high off the hog.
Due to religious reasons I'm filing for legal separation here in Wisconsin. Will I be able to get spousal support of I file and we still reside together? I have no health insurance and suffer with several medical conditions which is another reason I won't take the divorce route. I feel like this man used me to raise his kids and advance his career then threw me out like the trash.

[ConEnigma]

That is the sickest law I have ever heard of. Very reason people are not taking chances in getting married.

[marksanchez]

That is the reason why I’ll never get married and moving to another country

[kamaldeepwalia]

Hi, I really need help, my husband withdraws Permanent residency, 2.5 of marriage, now separated, no job, no central link, living in refugee camp.medical condition bad, victim of domestic violence for 2.can't able to work.can I get spousal support.thanks

[kingsleyoppong-wereko]

I’m confused by how a single person wants the financial benefits on a 2 person system as though that is a permanent that way.
If the women divorces the man and gets support and can only lose that support when they re-marry. Well as a man when you get re- married do you still have to pay support for your previous marriage?

[putler]

How is spousal support calculated? The woman gets the money and the man gets the shaft.

[lauralynnlance]

We're not fighting yet I'm just now filling out the spousal support form. I'm having a hard time trying to figure out what to say or add to the form. my head is spinning. I live in CA and would like to know how long would a 22 yr marriage give support?

[diamond]

What if one spouse is retired with pension, social security and 401k is 3 years older, the other has two years before they retire, no minor children. Would that be consideration for spousal support to pay the retired person? The only they have to split equally is the house. OR do they just give the house to a woman?

[ajshehandal]

What I am trying to find out what should I do now Curt's are closed and I haven't recive a dime for any help from him what can I do and what advice you can give me

[MonarchPoolPlaster]

Debtor's prison is legal for missed alimony payments.